Capizzano de Galdi, Concepción v. I.O.S [Instituto de Obra Social]

C. 646. XXXVI.
Download Judgment: Spanish

The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure to comply with the terms and conditions of the agreement. The plaintiff argued that this measure violated her right to health and physical integrity, since she was without any medical assistance, which gave rise to a number of complications given her advanced age and economic situation.

The First Instance Court admitted the amparo protection and the judgment was challenged by the respondent in the Federal Civil and Commercial Court of Appeal, which revoked the previous judgment. The plaintiff filed an extraordinary appeal with the Supreme Court of Justice.

The Supreme Court of Justice dismissed the extraordinary appeal because the plaintiff did not challenge the entire judgment of the Court of Appeals.  If this procedural requirement is not met, the extraordinary appeal won't be admitted.