CIRCULAR N° 080

CONSIDERING

The content of Ruling number 386 dated August 12, 2022, issued by the Civil Cassation Chamber of the Supreme Court of Justice, by virtue of which the criterion is ratified which establishes that summons, summons and notifications in civil proceedings may be made by electronic means, such as email and even by means of the WhatsApp social network,

CONSIDERING

That the activity of the Public Administration is developed based on the principles of economy, speed, simplicity, effectiveness, efficiency, opportunity, objectivity, accessibility, uniformity, modernity, transparency, good faith, parallelism of form and responsibility in the exercise thereof, with full submission to the law and the law and has among its objectives the continuous improvement of procedures, services and public benefits,

CONSIDERING

That in compliance with the mandate established in Articles 1, 2, 4, 5, 6, 7 and 13 of the Law of Info-government, in view of the fact that the National Institute of Aquatic Spaces as an entity of the National Public Administration, attached to the Ministry of People’s Power for Transportation, is subject to abide by the provisions of the Law of Info-government, whose purpose is to improve the processes related to public management and make it transparent by facilitating the access of citizens to information through technological means and digital platforms,

CONSIDERING

The Instituto Nacional de los Espacios Acuáticos, in attention to the legal guarantees of the administered, on the occasion of the opening, substantiation, decision and especially the notification of the administrative acts of particular effects, in attention to the principle of the administrative contradictory of the individuals, must be oriented to guarantee the due process and the guarantees to the exercise of the defense, in accordance with the provisions of Article 49 of the Constitution of the Bolivarian Republic of Venezuela, and the right of access to public information, through information technologies, to improve public management and the services provided to the people, promoting transparency in public management, citizen participation, access to information, social control, information security and data protection,

CONSIDERING

In accordance with the provisions of Article 73 of the Organic Law of Administrative Procedures, the interested parties must be notified personally and individually of any administrative act of a particular nature that affects their subjective rights or their personal and direct legitimate interests, and the notification must contain the full text of the act, and indicate, if applicable, the appeals that may be filed, stating the terms for exercising them and the bodies or courts before which they must be filed,

CONSIDERING

That when personal and individual notifications of administrative acts are impracticable, the formalities set forth in Article 76 of the Organic Law of Administrative Procedures must be complied with, through the publication of the act in a newspaper of major circulation,

CONSIDERING

That the jurisprudence emanating from the Maximum Court of the Republic, is a formal and primary source of regulation for the administrative activity, and in attention to the principles of economy, efficiency, celerity and impartiality, which inform the administrative procedure, establishes for the personal and individual notification in the ordinary civil procedure (whose original form is foreseen in article 233 of the Code of Civil Procedure); the technological tools through telematic, computer and communication means (ICT) available for the personal notification adapted to the new information technologies, specifying specifically that: “in any event the judge may and must order when necessary, the notification of the parties by sending the respective ballot to the email address provided and to the instant messaging application and/or social network WhatsApp”.