It is an Institution of the Nation which acts with full independence and autonomy, receiving no instructions from any authority.

   This institution is created within the jurisdiction of the National Congress and its jurisdiction is established in:

• section 86 of the National Constitution:
  

  Sec. 86

  The Ombudsman is an independent organ, created within the jurisdiction of the National Congress. The Ombudsman shall function with full autonomy, receiving no instruction from any authority whatsoever. The aims of the office are the defence and protection of human rights and any other rights, guarantees and interests protected in this Constitution and the laws, against the acts, actions and omissions of the Administration; and the control of public administrative functions. The Ombudsman has legal standing. The office holder is appointed and dismissed by Congress with the vote of two thirds of the present members of both Houses. The Ombudsman enjoys the immunities and privileges of legislators. The office holder is appointed for a term of five years and may be reappointed for one more period. The organisation and functions of this institution shall be ruled according to a special act.

• section 43 of the National Constitution:
  

  Sec. 43

  Should there be no other available legal remedy, all individuals may bring an action for the protection of their constitutional rights (acción de amparo) against any act or omission on the part of any authority or individual which, actually or potentially might damage, restrict, alter or threaten the rights and guarantees protected by this Constitution, a treaty or an act. In such event, the judge may render the rule on which the act or omission is based unconstitutional. The interested party, the Ombudsman or any association registered according to law, may file this remedy against any form of discrimination, in relation with the rights which safeguard the environment, competitiveness, the rights of service users and consumers as well as any collective right. The law shall determine the requirements and organisation rules necessary to fulfil this procedure. Any individual may file this action in order to get access to personal data kept in records or databases, either public or private, intended to be disclosed and, in case of falsity or discrimination, the interested party shall be entitled to request their elimination, rectification, confidentiality or updating. The secrecy of journal information sources shall not be affected. Should the physical freedom of any individual be damaged, restricted, altered or threatened or in the case of serious irregularities in the conditions and procedures of an arrest or illegitimate detention or the forceful disappearance of persons, a writ for habeas corpus shall be filed by the aggrieved party or any person on his behalf and the competent judge shall issue his judgement forthwith, even under state of siege.

• and Act No 24,284, modified by Act No 24,379.

   The mission of this office is to defend and protect the human rights and all other rights, guarantees and interests enshrined in the Constitution and the Law; and to control the exercise of the public administrative functions.
   To this effect, the Ombudsman can carry out investigations in order to clarify the acts, actions or omissions committed by the Public Administration and its agents, as well as any infringement to Human Rights or the illegitimate, defective, irregular, abusive, arbitrary, discriminatory, negligent, seriously inconvenient or untimely exercise of their functions, including those which may affect the diffuse or collective interests; the Ombudsman has legal standing; i.e., he is able to sue and be sued.
   The office incumbent must be an Argentine citizen, by birth or option. He is appointed by the National Congress, with the vote of two thirds of the members of both Houses.
   The Ombudsman holds office for a term of five years and can be re-appointed for one more term. The incumbent enjoys the same immunities and privileges as legislators.

Characteristics

   The Institution has the following characteristics:

•  it is neither an organ of the ruling party, nor an appendix of a political party or the "shock absorber" of political disputes; this is undoubtedly an institution of the Republic;
  
•  it is not an aesthetic figure; on the contrary, it is serious and objective;
  
•  Prudence is one of its main traits; consequently, it must not be understood as a synonym of complacency towards power;
  
•  it is not intended to replace already existing organs and procedures of control; it actually supplements them;
  
•  its profile is that of a critical collaborator of the administration; not its opponent;
  
•  to this end, and as far as possible, it exhausts its efforts to persevere in a mediating attitude between the Administration and the citizen;
  
•  it helps to solve the problems raised by complainants without ignoring those issues which are a symptom or effect of deeper causes which must be overcome;
  
•  it is an instrument of dialogue, sincere communication and solidarity among people.

Ombudsman powers

   In fulfilling the missions established in the National Constitution and the Law, the National Ombudsman has the power to pursue investigations at the request of the complainant or at his own motion into those cases originated by any agency of the National Public Administration (nation-wide) and the companies delivering public services, even those which are in private hands:

•  malfunction
  
•  illegitimacy
  
•  no answer to complaints raised
  
•  poor service, attention or treatment
  
•  lack of information
  
•  infringement of human rights and users and consumers rights
  
•  matters related to the preservation of the environment

   He is also empowered to intervene in case of failure by the State to follow court decisions.

   However, the Ombudsman cannot intervene:

•  in conflicts among individuals.
  
•  whenever the issue raised is pending an administrative or court decision.
  
•  after one year has elapsed since the occurrence of the action giving rise to the complaint.

   In order to attend a complaint, the National Ombudsman is empowered to carry out investigations, inspections, verifications, request files, reports, documents, background information and request the production of evidence or elements useful to the investigation.
   The Ombudsman may also request the intervention of the courts to obtain documentation whenever it is denied.
   The Ombudsman can propose to the Legislature and the Public Administration the modification of those rules the enforcement of which may give rise to unfair or harmful situations.
   The National Ombudsman Office is supported by an inter-disciplinary team made up of lawyers, engineers, accountants, social workers, psychologists, biologists, ecologists and geologists, who pursue the investigations begun at the National Ombudsman's own motion or by the population as a result of the complaints filed, and draft proposals on the courses of action to be taken including modern management and information process techniques.