The question to deicde resides then to determine if the defendant has punctually fulfilled its obligation or if, contrarily, it has committed with injurious ommissions of the law to the health of the potentional population affected by the renowned disease. XIII . The project to produce the Candid 1 vaccine in Argentia was initiated in 1991, obtaining in 1997 eighty percent of the technology of production and quality control (fs. 101), remaining to finalize the work edilicias and the equipment of the production labatory (fs. 100) . In spite of affirmeing it throught the lawsuit (fs. 122) to the effect that in the presupposition of 1997 contemplated the special partition destined "to end to make suitable this Institute finally," the fact is that, according to the minute of fs. 346/361 and of the judicial examination affected with the dat December 12 of this year, it was far from finding the conditions to produce the vaccine. Although they had finalized the work, besides the acquisition and placing necessary apparatus to begin the production required of them, besides, a process of validation (contol of operation)--according to the attached crongram in fs. 359- recently it was able to comple on the first trimester of 1999, considering that --no inconveniences exist --it would be in the conditions to liberate to use the Candid vaccine produced in the country for the end of the said year. (fs. 337) XIV . It is necessary to clarify that the "sub lite" does not try to avoid the legal proceedings and regularities in effect for the purpose to obtain the authroization of the vaccine on behalf of comptent state organization circumstances that would be found excluded from the court's jurisdiction. XV . The report present on October 2, 1996, by the Director of the National Institute of Viral Diseases "Julio I. Maiztegui" states that "no investment has been realized during the last wo years" that permits the capability of the unity of production of hte vaccine it found consequently that paralzed it (fs. 35) , which has been found corroborated by the newspaper clipping accompanied by the defendant at fs. 115, in which it mentions that the Ministry of Health announced that in the budget estimates of 1997 executed allowance for the mentioned Institute that would permit it to reactive its initiative. XVI . Keeping in mind that--as indicated--the preservation of the community's health is one of the main priorities of the organized community like "Estado de Derecho", can arrive to the following conclusions:

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