📋 Tender Overview
Judge Aldo Figueroa Navarro, president of the association, points out that the work method generates speed, predictability and transparency.The First Chamber of Transitory Constitutional and Social Law of the Supreme Court, chaired by Judge Aldo Figueroa Navarro, published the resolution (qualification order) with serial motivation or single motivation that defines the situation of 555 appeals for cassation presented before this court.
The magistrate explained that serial motivation is an unprecedented work method in the Supreme Court that seeks speed, predictability and transparency of judicial decisions.
Likewise, he maintained that this procedural technique has the purpose of innovating the management of the office, making effective the principles of economy and procedural speed, as well as contributing to the procedural discharge.
The supreme judge highlighted that one of its main advantages is that it promotes predictability, that is, it allows users of the system to foresee possible responses to their claims for justice.
This, in turn, will result in legal certainty; it is a message for taxpayers and investors, who will be able to know what are the main lines of jurisprudence that the Supreme Court uses to resolve cases, he said.
He added that serial motivation allows the defendant to obtain a response from the Judiciary in a shorter time and prevents their case from waiting months or years to be resolved.
It should be noted that, in addition to Figueroa Navarro, this courtroom is made up of judges Cesar Proano Cueva, Omar Toledo Toribio, Diana Rodriguez Chavez and Liliana Davila Broncano.
DOES NOT VIOLATE DUE PROCESS
On the other hand, Figueroa Navarro ruled out that serial qualification violates the procedural guarantees that protect litigants during judicial processes.
We are careful that this working method does not mean a violation of due process, effective jurisdictional protection and the right to defense, the validity of which is guaranteed, he assured.
The qualification order issued has more than 900 pages and is structured to explain in detail to the litigants the reasons why the cassation appeal was considered well granted or not.
In this regard, Figueroa Navarro explained that, in the first part, the appellants are explained the cassation role assigned to the Supreme Court and, exceptionally, the instance role.
The legal basis for this working method is found in article 9 of the Law on Contentious Administrative Procedure, which authorizes serial motivation, when there are analogous or similar cases.
In this sense, the resolution explains what causes these cases to be grouped into a single qualification order, that is, their common characteristic is their connection with the application of Law No. 24041.
This law is related to the requirements so that an employment contract can become an indefinite contract, as long as certain requirements are met.
In another section, it explains to the defendants each of the requirements established in the Civil Procedure Code, which are applicable to the case subject to cassation.
INDIVIDUALIZED MOTIVATION
The magistrate specified that the resolution also develops the individualized motivation, that is, it responds to each of the 555 appeals, why it is appropriate or inadmissible.
It should be noted that 503 appeals were declared inadmissible and 52 admissible (well granted), the latter representing an average percentage in judicial practice in the Supreme Court.
The resolved cases are linked to the public labor sphere based on Law No. 24041, in which the workers requested that the temporary contracts they had been fulfilling in State entities be converted into contracts for indefinite periods.
The idea is to continue throughout the year with the expedition of a car with serial motivation at least once a month, said Figueroa Navarro.
For this reason, he indicated that the chamber he presides is preparing similar work on the application of Law No. 31131 (which progressively eliminates the CAS regime in the Peruvian public sector and provides for the incorporation of workers into labor regimes 276 or 728).
For the rest, outside of the cases assumed through the qualifications with serial motivation, which amounts to 896 cases, the aforementioned supreme court has resolved 1,299 cases in the months of March and April, bringing production to 2,195 cases in two months.
IN A SINGLE DAY
For his part, Proano Cueva, a member of the aforementioned court, considered the issuance of the aforementioned qualification order to be important because it follows the line of working on procedural techniques to resolve similar causes or claims with a single motivation.
The important thing is that hundreds of cases do not wait for qualification dates, but are resolved in a single day by means of a single order, if they had been resolved on a case-by-case basis, the resolutions would have beenIts been longer, about four or five months, the aforementioned judge noted.
He mentioned that this decision generates predictability, transparency and procedural speed, since the user no longer has to wait for later qualification dates to be scheduled.
Lima, May 9, 2026
