Incumplimiento de resoluciones Judiciales – Proceso Ejecutivo – Embargo a la ANSES – Ejecución de Sentencia.
SUMARIOS. Corresponde confirmar la sentencia en la cual se trabó embargo a la ANSeS, en tanto se acreditó su irregular comportamiento procesal al hacer caso omiso de la manda judicial, incumpliendo la sentencia que le había ordenado el pago de las prestaciones reclamadas por el actor.
El propósito del art. 19 de la Ley Nº 24.624 consiste en evitar que la administración pueda verse situada, por imperio de un mandato judicial perentorio, en el trance de no poder satisfacer el requerimiento por no tener los fondos previstos en el presupuesto para tal fin o en la de perturbar la marcha normal de la administración, lo que no significa que el Estado se encuentre fuera del orden jurídico que está obligado a tutelar ni que esté exento de acatar los fallos judiciales, por lo cual su interpretación debe ser de modo tal que armonice con los principios y garantías consagrados por la Constitución Nacional y con el resto del ordenamiento jurídico.
El embargo constituye un trámite procesal insoslayable del procedimiento de ejecución de sentencias (art. 502 del C.P.C.C.N.), y la previsión contenida en el art. 19 de la Ley Nº 24.624 no significa una suerte de autorización al Estado para no cumplir las sentencias judiciales, pues importaría colocarlo fuera del orden jurídico, cuando es él quien debe velar con más ahínco por su respeto.
Cruz, Julia c/ANSeS s/Prestaciones Varias, Cámara Federal de Apelaciones de la Seguridad Social, Sala II, 2/3/2015.
Texto completo del fallo:
Cámara Federal de Apelaciones de la Seguridad Social – Sala II
Buenos Aires, 2 de Marzo de 2015.-
Llegan estas actuaciones a conocimiento de la Alzada en virtud del recurso de apelación interpuesto por la parte demandada contra el pronunciamiento de fs. 305/306.
El organismo administrativo cuestiona -a tenor del escrito obrante a fs. 315 – la traba de embargo efectuada en la sentencia recurrida.
Es evidente, de la mera lectura de los actuados, el irregular comportamiento procesal de la ejecutada, quien hizo caso omiso de la manda judicial, incumpliendo la sentencia dictada por esta Cámara e incluso del “a quo”.
El propósito del art. 19 de la ley 24.624 consiste en evitar que la administración pueda verse situada, por imperio de un mandato judicial perentorio, en el trance de no poder satisfacer el requerimiento por no tener los fondos previstos en el presupuesto para tal fin o en la de perturbar la marcha normal de la administración, lo que no significa que el Estado se encuentre fuera del orden jurídico que está obligado a tutelar ni que esté exento de acatar los fallos judiciales. Por ello su interpretación debe ser de modo tal que armonice con los principios y garantías consagrados por la Constitución Nacional y con el resto del ordenamiento jurídico (C.S.J.N. in re “Giovagnoli, Cesar Augusto c/ Caja Nacional de Ahorro y Seguro s/ Cobro de seguro”; 16/09/1999; Fallos: 322:2132).
Así las cosas, en atención al tiempo transcurrido desde el dictado del pronunciamiento que condenó al organismo al pago de la obligación que se ejecuta en autos , y la falta de voluntad de extinguirla que se infiere de la tramitación del proceso de ejecución corresponde confirmar la resolución del “a quo”.
Asimismo, cuadra señalar que el embargo constituye un trámite procesal insoslayable del procedimiento de ejecución de sentencias (art. 502 del Código Procesal Civil y Comercial de la Nación), y la previsión contenida en el art. 19 de la ley 24.624 no significa una suerte de autorización al Estado para no cumplir las sentencias judiciales, pues importaría colocarlo fuera del orden jurídico, “cuando es él quien debe velar con más ahínco por su respeto”( Fallos: 253:312; 265:291).
En virtud de lo expuesto, el Tribunal RESUELVE: 1) Confirmar la sentencia recurrida en cuanto ha sido materia de agravios y 2) Devolver las actuaciones al juzgado de origen a sus efectos.
Regístrese, notifíquese y oportunamente devuélvase.
Nora C. Dorado – Luis R. Herrero – Emilio L. Fernandez
Amanda L. Pawlowski – Secretaria de Cámara
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