MEDIDAS CAUTELARES CONTRA EL ESTADO Y TUTELA JUDICIAL

Abstract

This paper addresses some aspects of Law 26.584 on precautionary measures in cases where the National State is a party or intervenes. After a brief review of the situation before the sanction of the commented law and recalling its legislative genesis, this paper reaches a conceptual approximation of the object of study. Moreover, it addresses the importance and needs for special legislation on the matter. At this point, the constitutional and conventional foundation of precautionary measures deserves particular focus, emphasizing the guarantee of effective judicial protection. Finally, the scope of the precautionary measures in which the State intervenes or is a part is identified and specified as a kind of urgent protection system, distinguishing it from other procedural tools for the protection of that try to respond immediately to the different claims, in a framework of limited knowledge and constrained by the principle of speed.