State Judgements Representation Of The State In Trial - Full Text Of The Norm

Original Language Title: JUICIOS DEL ESTADO REPRESENTACION DEL ESTADO EN JUICIO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Decree No. 411/1980

Update the current regime on State representation in trial

Bs. As., 21/2/80

Having regard to the need to improve the current regime on the representation of the State in trial; and


That the magnitude and complexity of the State ' s business make it necessary to simplify and prudently expedite the procedures of the authorizations to empower the National Civil Service lawyers to represent the State in trial.

It is appropriate to grant such authorizations to the Ministers, Secretary of State, Commanders in Chief of the Armed Forces, Secretaries of the Presidency of the Nation, the Chief of the Military House and the higher bodies of the decentralized entities.

That the delegation of powers in the authorities and agencies set forth is subject to the control of the executive branch through the exercise of the power of avocation.

This will prevent the processing of numerous authorization decrees and the resulting delays in judicial presentations to be made by the National Civil Service lawyers.

The regulatory provisions of Act No. 17.516 should also be unified in a single regulation.

That the Executive Power is empowered to decide on issues related to the representation and defence of the State in trial.



Article 1 - The promotion and response of judicial actions shall be authorized by a decision of the Ministers, State Secretaries, Commanders in Chief of the Armed Forces, Secretaries of the Presidency of the Nation, the Chief of the Military House or the higher bodies of the decentralized entities.

Where the importance of the matter or its consequences justify the intervention of the National Executive Branch, the authorities and bodies mentioned in the preceding paragraph may require them to be authorized by decree to promote or respond to the judicial action.

In all cases, the National Executive Power may invoke itself in the jurisdiction delegated by this article.

Art. 2° - The Commander-in-Chief of the Armed Forces may entrust the function set out in article 1 to the chiefs of the General Staff of the corresponding Navy.

Art. 3° - In cases where representation in the national State ' s trial is exercised by prosecutors within the country, the authorization shall be granted by a decision of the authorities or bodies referred to in article 1; those which shall provide the relevant instructions through the Procuration of the Nation.

Art. 4° - The character of the representative in trial shall be attributed to the counsels of the respective legal services, indicating by resolution the Ministers, Secretary of State, Commander-in-Chief of the Armed Forces, Secretaries of the Presidency of the Nation, the Chief of the Military House and the superior organs of the decentralized entities.

The higher authority of the legal services shall distribute the cases among the counsels covered by that resolution, and shall instruct them in accordance with the provisions of the resolution or decree, as the case may be, which has been issued.

Art. 5° - Counsels to whom representation had been assigned in trial in accordance with the procedure set out in the preceding articles shall credit their person by authentic copy of the resolutions that attribute such representation to them, issued by the superior authority of the legal service.

Art. 6° - When the representative of the National State has submitted to trial as a manager, the subsequent authorization will import the ratification of the act.

Art. 7° - When the authorization to represent the National State has declined in Procuration of the Treasury of the Nation, it shall report quarterly to the respective authority or agency on the state of trial. For the judicial acts and actions under way, the report must be prepared from the three (3) months of the publication of this decree.

Art. 8° - The authority to represent in court includes the establishment and response of claims or reconventions, to act for such purposes in all courts, courts and tribunals, of any jurisdiction or jurisdiction with writings, applications, documents, evidence, witnesses and other warranties, and instruments required to make appeals where appropriate, to absolve positions, to demand oaths, captions and guarantees, to offer them when authorized to do so,

They may also, with express authorization from the authorities or bodies referred to in article 1, make searches and withdrawals, grant removals and waits, conciliate, terminate contracts, submit to arbitral proceedings or friendly commissars, accept inheritances or legacies, and initiate and pursue successor trials.

Art. 9° - The intervening legal service shall immediately notify the Treasury Procuration of the Nation of the initiation of any trial in which the agency is a party as well as the granting of the authorization referred to in article 4 and the information required.

Art. 10. - State divisions shall be obliged to provide all necessary cooperation to the intervening counsel of the National State or to the tax representative designated by the Treasury Procuration of the Nation.

Art. 11. - The agencies of the National State which under their legal statutes had a person to act in court and had previously organized their judicial representation would continue to apply the rules in force in that regard.

Art. 12. - Destroy the Nros Decrees. 379/68, 8.735/68, 1.263/72 and 2.929/76.

Art. 13. - Contact, post, give to the National Directorate of the Official Register and archvese.


Alberto Rodriguez Varela.