Medidas cautelares de embargo de bienes estatales en procesos ejecutivos ante la jurisdicción contencioso-administrativa

Abstract

From the general principle of immunity from seizure of State property, this paper move into the topic of the exceptions thereto legally referred to, in order to verify the applicability of the precautionary measure of garnishee on such in appropriate cases, when individuals advance business processes before the contentiousadministrative courts in an attempt to defend their interests and the payment of money by the State as a result of contracts, judgments, labor claims, arbitration awards or other effective document. The purpose was clearly to establish the applicable rules in such events, thus providing objective and reliable response to the problems caused both by the different positions on the issue adopted by the legislature, as also by difficulties in classifying State assets and income in order to determine its nature and the real possibility of garnishee. All this, along with the reference to judicial rulings adopted as a basic conceptual support since from this perspective realize a matching line of thinking on the part of senior relevant agencies.