Provisional remedies against the government in the argentine Republic – part one

Abstract

The present work approaches the general theory of provisional remedies in the Argentine Republic, and in particular provisional remedies in proceedings where the National State is a party. In such an understanding, general aspects such as the concept of this institute, its legal nature, foundation and characteristics are analyzed in detail. In addition, the paper analyzes the characteristics of the provisional remedies and their different classifications. On the other hand, the phenomenon of “self-satisfying” remedies, or remedies that grant the final relief sought, is analyzed. The author deals mainly with the issue of provisional remedies against the Administration. Within this framework, the legal analysis focuses on their particularities and their evolution in the Argentine Republic. The implications of the law of provisional remedies 26.854 and the interpretation of jurists and judges regarding various aspects of its application are discussed in detail. This paper examines the positive measures against the Administration, the provisional remedies against the facts of the Administration, the autonomous measures against the Administration, and the provisional remedies against the Administration. Finally, the study on the provisional remedies sought by the State is also covered. In the first part, the concept, nature, foundation and characters are addressed, and the provisional remedies sought by the State are addressed. One also examines aspects involving the need for more objective rules for the process, as well as the need for weighting and placement. In the second part, the specific procedural and material aspects of provisional remedies against public administration are addressed.