Se ordenó emitir el Certificado Único de Discapacidad de la amparista que había sido denegado

Síntesis.- Acción de AMPARO, para obtener el CUD (Certificado Único de Discapacidad). Acción entablada contra el  Ministerio de Salud provincial y la Secretaría de Discapacidad de la Municipalidad de Lanús, que rechazo su expedición. Llega a la Alzada el Recurso de apelación interpuesto por la parte actora, contra la sentencia de grado que desestimó la acción de amparo. Despejada que ha sido la admisibilidad del recurso incoado, anticipo que el mismo resulta de recibo, correspondiendo revocar el decisorio de grado y estimar la pretensión amparista. Ninguna duda cabe en cuanto al objeto de la acción incoada por la amparista, que procura resguardar derechos de rango constitucional, especialmente, su derecho a la salud y la tutela de la discapacidad (art. 36 incs. 5 y 8 de la Const. Prov.) frente a un acto que se tacha de arbitrario (art. 28, Const. Nac.). En ese contexto, y ponderadas las constancias fácticas y probatorias de autos, apreciadas en forma íntegra, se advierte que la denegatoria en que incurre la autoridad demandada, en el otorgamiento del Certificado de Discapacidad del caso, deviene infundada y arbitraria, incurriendo asimismo el decisorio de grado en una valoración sesgada de todas las constancias de autos. A la luz de una apreciación integral de las pruebas colectadas, así como del plexo jurídico constitucional –legal y convencional- y normativo en la especie, la raigambre de los derechos comprometidos, y las circunstancias particulares del caso de marras, la denegatoria del Certificado de Discapacidad a la amparista, resuelta en sede administrativa, y confirmada por el decisorio de grado, denota un ejercicio de la facultad discrecional de que goza en la especie, que resulta arbitraria e irrazonable.

CAUSA Nº 18712 CCALP “A.S.S.J. Y OTROS C/ MINISTERIO DE SALUD Y OTRO/A S/ AMPARO”, Cámara de Apelación en lo Contencioso Administrativo con asiento en La Plata, 18/05/17

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Este sumario fue realizado por la Dra. M.P. Salinas – agradecemos su aporte

39 comentarios de “Se ordenó emitir el Certificado Único de Discapacidad de la amparista que había sido denegado

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