¿CÓMO CONTAR LOS DÍAS DE UN PLAZO DE LA ADMINISTRACIÓN?

Los plazos no siempre se cuentan igual, depende de si se expresan en días, meses o años; también depende del tipo de días que sean, porque tampoco se cuentan todos de la misma manera, todo depende. Con esta guía pretendemos acercar al ciudadano a este pequeño infierno burocrático.
En muchas ocasiones nos vienen notificaciones y las mismas nos dan un plazo para contestar, poner alegaciones, poner un recurso, presentar documentación etc… pero ¿Cómo contamos esos plazos? ¿Qué días cuentan en el cómputo y cuáles no? Todo depende de lo que se exprese en el escrito o en la ley. Normalmente nos indicarán los días o meses que tenemos para hacer algo, y dependiendo de cómo se expresen se contarán los plazos de una manera u otra.
En primer lugar debemos de distinguir entre los tipos de días:
Días Naturales: Se refiere a todos los días, incluyendo festivos, sábados y domingos. Solo se emplearan estos días si así consta expresamente.
Días Hábiles: Se cuentan todos los días menos los festivos, sábados y domingos. Éste cómputo será el habitual y el que se aplica por defecto. Es decir, si solo se especifica que hay un plazo de x días, se computarán como días hábiles en el cálculo.
Días procesales: Éste suele resultar útil solo para abogados y procuradores, ya que es el empleado en la mayoría de procesos jurisdiccionales. Se cuentan todos los días menos festivos, sábados, domingos, el mes de agosto y el 24 y 31 de diciembre.
Ya que tenemos claros los tipos de días, pasamos a otras expresiones de plazos:
Plazos expresados en días: El primer día de nuestra cuenta será al día siguiente al que recibamos la notificación, por lo que si recibimos un escrito un lunes día 2, el primer día del cómputo de días será el martes día 3. Así seguiremos contando los días hasta el último día del cómputo, teniendo presente que si son días hábiles debemos saltarnos festivos, sábados y domingos.
Plazos expresados en meses o años: El cómputo de plazo será de fecha a fecha. El primer día será el que recibimos la notificación y finaliza el mismo día del siguiente mes/es o al año/s independientemente de haber días hábiles o inhábiles de por medio. Por ejemplo, si recibimos la notificación el lunes día 2 de Marzo, y nos dice que el plazo es de dos meses, el cómputo terminará el día 2 de mayo. Si casualmente el día 2 de mayo es sábado, un día inhábil, entonces el plazo finalizará definitivamente al día hábil siguiente, es decir el lunes.
Pongamos un ejemplo:
“Don Juan Recibe el viernes 23 de marzo de 2.018 una notificación del INSS denegando su Incapacidad Permanente, y le dan un plazo de 30 días para recurrir la decisión. Y nos surge la duda de si el plazo es de mes a mes o de días.
En este caso debemos de contarlo como un plazo de DÍAS, para que pueda ser de mes a mes la resolución debe de indicar expresamente “UN MES”, es indiferente que 30 días correspondan a un mes a efectos prácticos, lo que importa es cómo lo especifique la notificación y en este caso ha sido en días.
Así pues el primer día del cómputo será el día lunes 26 de marzo de 2.018, ya que el 23 es viernes y el día siguiente es inhabil. Seguimos contando ignorando sábados y domingos, hasta que llegamos al viernes 4 de Mayo, cuando en teoría finalizaría el cómputo de los 30 días. Sin embargo el día 1 de Mayo fue festivo, por lo que descontamos ese día inhábil, y pasamos al sábado 5 de mayo, pero… este también es inhábil; así pues seguimos corriendo la coma hasta el siguiente día hábil del cómputo para ver morir definitivamente el plazo el Lunes 7 de Mayo de 2.018.”
Parece un tema sencillo, pero no lo es en absoluto, y debemos prestar especial atención a estos plazos, ya que cometer un error puede significar perder la posibilidad de reclamar o incluso perder un derecho que ya teníamos reconocido.

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