Civil Justice Reform in Peru: Strengthening the Use of Oral Procedures

On December 18, 2018, the National Court of Justice of Peru approved the creation and work of the Oral Civil Corporate Litigation Module of the Arequipa Superior Court through Administrative Resolution No. 312-2018-CE-PJ.

The project developed after JSCA provided technical assistance to the Peruvian judiciary in 2018. The module focuses on the use of oral procedures, redefining and creating a hierarchy for judicial and case management as key elements in the composition and proportional and adequate processing of the dispute. Given the current institutional, budgetary and legal conditions, the goal is to carry out a comprehensive reform of the system. This will not be limited to changing rules but will involve rethinking the organization of the justice system and the type of practices that are built through the introduction of a formal system of adequate incentives and disincentives.

The Corporate Civil Module includes: (i) the configuration of the judicial office’s institutional structure; (ii) the introduction of oral proceedings using hearings and case management rules and techniques; (iii) adjustments to work processes; and (iv) the allocation of operational functions. All of these changes are reflected in the documents that have been drafted and approved, including the management model, protocols and organizational manual.

The stated objectives included the following changes: a) alignment of the figure of civil oral corporate court; b) creation of a committee of judges led by a coordinating judge; c) separation of the structure responsible for administration from the courts; d) balancing administrative and judicial responsibilities; e) improving administrative activities, including case management, human, material and logistical resource administration, support and inter-institutional relationships; and f) creating a corporate sentence execution court.