100+ Free Concurso Magistratura CABA Practice Questions

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Key Facts: Concurso Magistratura CABA Exam

The CABA Judicial Magistrate Selection Competition is a merit-based process run by the Consejo de la Magistratura de la Ciudad under Res. CM 23/2015, built on a single anonymous written opposition examination worth 50% of the total score, antecedents worth 30% and a personal interview worth 20%, with automatic exclusion below 50% of the examination mark and final designation by the CABA Legislature by absolute majority.

Sample Concurso Magistratura CABA Practice Questions

Try these sample questions to test your Concurso Magistratura CABA exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 129 of the National Constitution and the Constitution of the Autonomous City of Buenos Aires (CCABA), what is the constitutional status of the City of Buenos Aires?

A.An autonomous city with its own government regime, legislative and jurisdictional faculties, and a directly elected Chief of Government (Jefe de Gobierno)

B.A federal municipality completely subordinate to the direct administrative control of the National Ministry of the Interior

C.A federal military territory governed by a presidential interventor

D.A dependent administrative dependency of the Province of Buenos Aires

Explanation: Article 129 of the National Constitution (1994 Reform) established the Autonomous City of Buenos Aires with an autonomous government regime endowed with legislative and jurisdictional powers (facultades propias de legislación y jurisdicción). The 1996 CABA Constitution organized the local executive, legislative, and judicial branches.

2How does the constitutional action of amparo under Article 14 of the CABA Constitution differ favorably from the federal amparo regime of Ley 16.986?

A.Article 14 CCABA establishes a broad, direct, and non-restrictive amparo that does not require the prior exhaustion of administrative remedies or the proof of absence of other judicial remedies

B.Article 14 CCABA requires filing forty prior administrative appeals before approaching a judge

C.Article 14 CCABA limits amparo exclusively to disputes between private commercial corporations

D.Article 14 CCABA allows amparo only if approved by a two-thirds vote of the City Legislature

Explanation: Article 14 of the CABA Constitution created one of the most progressive amparo regimes in Argentina: it operates directly against any act or omission by public authorities or private individuals that harms or threatens constitutional rights with manifest arbitrariness or illegality. Unlike restrictive federal interpretations of Ley 16.986, the CCABA does not condition amparo on exhausting administrative channels or demonstrating the absolute lack of ordinary remedies.

3In the landmark CSJN precedents 'Corrales' (2015), 'Nisman' (2016), and 'Bazán' (2019), what constitutional doctrine did the Supreme Court establish regarding the judicial jurisdiction of CABA?

A.The ordinary 'national' courts of the Capital are not federal courts but local ordinary courts whose competencies must be fully transferred to the autonomous Judiciary of CABA, with the TSJ CABA acting as their natural superior court

B.The Supreme Court declared that CABA courts must be abolished and replaced by federal military tribunals

C.The Court ruled that CABA has no jurisdictional powers under Article 129 CN

D.The Court held that ordinary crimes in CABA must be tried exclusively by the Supreme Court of the United States

Explanation: In 'Corrales' (2015), 'Nisman' (2016), and 'Bazán' (2019), the CSJN reaffirmed the full constitutional autonomy of CABA under Art. 129 CN. The Court clarified that 'national' courts in the Capital are ordinary local tribunals whose jurisdiction belongs historically and constitutionally to CABA, establishing that jurisdictional conflicts between ordinary national judges and CABA judges must be resolved by the Tribunal Superior de Justicia (TSJ) of CABA.

4Under Article 113 of the CABA Constitution, what exclusive original competencies are assigned to the Tribunal Superior de Justicia (TSJ) of CABA?

A.Direct actions of unconstitutionality against CABA laws and general regulations, conflicts of competence between local public branches, and electoral litigation

B.All neighborhood landlord-tenant eviction trials in the City

C.The collection of parking traffic tickets under 500 pesos

D.Private divorce and child support trials between CABA residents

Explanation: Article 113 CCABA grants the Tribunal Superior de Justicia exclusive original jurisdiction over: (1) direct actions of unconstitutionality (acción declarativa de inconstitucionalidad) against laws, decrees, or general norms of CABA, (2) constitutional conflicts of powers between local government branches or organs, and (3) electoral matters and the regime of political parties in CABA.

5What mechanisms of direct participatory democracy are enshrined in Articles 63 to 67 of the CABA Constitution?

A.Popular initiative (iniciativa popular), mandatory and consultative referendums (referéndum), revocation of mandate (revocatoria de mandato), and mandatory public hearings (audiencias públicas)

B.Hereditary monarchical decrees and royal proclamations

C.The election of judicial judges through commercial television phone-ins

D.The prohibition of citizen participation in all municipal legislation

Explanation: The CABA Constitution features advanced direct democracy institutions: Iniciativa Popular (Art. 64, citizen legislative proposals), Referéndum y Consulta Popular (Arts. 65–66), Revocatoria de Mandato (Art. 67, recalling elected officials), and mandatory Audiencias Públicas (Art. 63) for urban rezoning, public utility tariffs, and major concessions.

6In TSJ CABA jurisprudence regarding social rights (e.g., 'Alba Quintana', 'Kiper', 'Ramallo'), what standard applies to the right to emergency housing and public health under Articles 20 and 31 CCABA?

A.The CABA government has an operative, enforceable duty to guarantee emergency housing solutions and comprehensive medical care to persons in situations of extreme vulnerability and homelessness

B.Social rights in the CABA Constitution are purely decorative and cannot be enforced in court

C.The City government may evict vulnerable homeless families without offering any shelter or alternative assistance

D.Public hospitals in CABA are prohibited from treating Argentine citizens residing in other provinces

Explanation: The CABA Constitution (Arts. 20 and 31) enshrines health and habitat rights as directly operative. In leading TSJ and CCAyT precedents, courts have held that the City must provide effective emergency housing subsidies, specialized shelter, and unrestricted hospital medical care to vulnerable families, children, and disabled persons in extreme homelessness.

7Under Article 137 of the CABA Constitution, what is the role and standing of the Defensoría del Pueblo de la Ciudad de Buenos Aires?

A.An independent autonomous body tasked with defending fundamental human rights, public services, and collective interests in CABA, endowed with broad procedural standing (legitimación procesal) to file judicial amparos

B.A department of the metropolitan police that executes commercial evictions

C.A private commercial insurance company that sells legal policies

D.A legislative committee that enacts annual municipal tax rates

Explanation: Article 137 CCABA establishes the Defensoría del Pueblo as an autonomous constitutional organ with functional independence. It possesses broad constitutional standing to initiate amparo actions, challenge administrative unconstitutionality, and protect collective environmental, consumer, and human rights across the City.

8What is the constitutional and statutory nature of the Comunas in the City of Buenos Aires under Title VI CCABA and Ley 1777?

A.Decentralized units of political and administrative management with territorial boundaries, governed by elected seven-member Communal Boards (Juntas Comunales) with exclusive and concurrent competencies

B.Private commercial real estate shopping centers

C.Sovereign foreign embassies operating under diplomatic immunity

D.Military garrison districts administered by the army

Explanation: Articles 127 to 131 CCABA and Ley Orgánica de Comunas N° 1777 divided the City into 15 Comunas. They are decentralized political and administrative management units governed by an elected Junta Comunal (7 members), possessing exclusive competencies over local secondary street maintenance, park management, and participatory communal budgeting.

9Under Article 113, inciso 2 of the CABA Constitution and Ley 402, what are the characteristics of the Direct Action of Unconstitutionality (Acción Declarativa de Inconstitucionalidad) before the TSJ CABA?

A.It is an abstract and direct constitutional challenge against CABA laws, decrees, or general regulations; the challenged norm loses validity when the TSJ judgment is published, except where it is a ley, in which case the Legislature may ratify it within three months by a two-thirds majority

B.It can only be filed by the President of the Nation and has inter partes effects only

C.It is an informal oral debate held in a public park without written records

D.The TSJ can only issue an advisory opinion that the City Legislature can freely ignore

Explanation: Article 113 inc. 2 CCABA and Ley 402 establish a concentrated abstract control mechanism: an action may be brought against general local norms for being contrary to the CABA Constitution or the National Constitution. Under Article 25 of Ley 402, the questioned norm loses validity when the judgment declaring its unconstitutionality is published in the Boletín Oficial, unless it is a ley: in that case the TSJ notifies the Legislature and, if within three months the ley is not ratified by a two-thirds majority, it likewise loses validity. There is no requirement of a four-of-five majority within the TSJ.

10Under Articles 26 to 30 of the CABA Constitution, what principles govern environmental public policy and development in the City?

A.Sustainable development, mandatory environmental impact assessments (EIA) prior to major works, preservation of green urban spaces, waste reduction, and public participation

B.Unrestricted industrial pollution to maximize commercial profits

C.The complete conversion of all city public parks into private asphalt parking lots

D.The prohibition of all recycling programs in CABA

Explanation: Articles 26 to 30 CCABA establish the constitutional environmental framework of CABA: the environment is a common heritage, requiring mandatory Environmental Impact Assessments (Ley 123), preservation and progressive increase of public green spaces, protection of the urban coastal strip (Ribera del Río de la Plata), and waste minimization (Ley de Basura Cero 1854).

About the Concurso Magistratura CABA Exam

The Concurso para la Selección de Jueces, Juezas e Integrantes del Ministerio Público de la Ciudad Autónoma de Buenos Aires is the constitutional public selection competition established under Articles 116 and 118 of the CABA Constitution and regulated by Ley 31 and Resolution CM N° 23/2015 (Reglamento de Concursos). Administered by the Selection Commission of the Consejo de la Magistratura de la Ciudad, it serves to select judges, prosecutors (Fiscales), public defenders (Defensores Públicos), and tutores for both judicial branches of the City: the Fuero Contencioso Administrativo, Tributario y de Relaciones de Consumo (CCAyT) and the Fuero Penal, Penal Juvenil, Contravencional y de Faltas (PCyF). Res. CM 23/2015 concentrated the idoneity requirement in a single written opposition examination prepared and corrected by a jury of experts, worth half of the total qualification, with 30% assigned to antecedents and 20% to the personal interview; candidates who do not reach 50% of the examination mark are automatically excluded. The examination demands comprehensive mastery of the CABA Constitution, the local Administrative and Tax Procedure Code (Ley 189), the CABA Criminal Procedure Code (Ley 2303), the Contravencional Code (Ley 1472), the Misdemeanours System (Ley 451), CABA urban and environmental legislation, and the leading case law of the Tribunal Superior de Justicia (TSJ). The official examination is written, in Spanish, and graded by a jury. This bank is an English-language multiple-choice study adaptation of that material: it is not an official translation, does not reproduce the written case-resolution format, and its content-area percentages are our own study allocation rather than official weightings.

Assessment

Competition under Res. CM 23/2015 (which repealed Res. CM 873/2008): (1) a single anonymous written opposition examination prepared and corrected by a jury of experts, worth 50% of the total qualification, with automatic exclusion of anyone below 50% of the examination mark; (2) evaluation of antecedents, worth 30%; and (3) a personal interview before the Comisión de Selección, worth 20%. The Consejo then proposes a candidate to the CABA Legislature, which designates judges by the absolute majority of its members under Article 118 CCABA.

Time Limit

Fixed in each competition call by the Comisión de Selección; no fixed statutory duration is published in Res. CM 23/2015

Passing Score

Written opposition examination 50%, antecedents 30%, personal interview 20%; automatic exclusion for candidates who do not reach 50% of the examination mark (Res. CM 23/2015)

Exam Fee

No arancel is published for the competition (Consejo de la Magistratura de la Ciudad Autónoma de Buenos Aires (Comisión de Selección))

Concurso Magistratura CABA Exam Content Outline

20%

Constitutional Law & CABA Local Autonomy

Constitución de la Ciudad Autónoma de Buenos Aires (Arts. 116, 118), constitutional guarantees (Art. 10-14 CCABA), local amparo action (Art. 14 CCABA), federal transfer of judicial powers, and relationship with federal authorities under Art. 129 CN.

25%

Administrative Litigation, Tax & Consumer Framework

Código Contencioso Administrativo y Tributario de la CABA (Ley 189), local administrative acts and procedure, state liability of CABA, local tax litigation and AGIP code, consumer relations procedure, and precautionary measures against CABA.

25%

Criminal, Juvenile Criminal, Contravencional & Misdemeanor Law

Código Procesal Penal de la CABA (Ley 2303 - adversarial system), Código Contravencional de la CABA (Ley 1472), Régimen de Faltas (Ley 451), juvenile justice system, flagrancy proceedings, and transferred federal criminal offenses (microtrafficking, weapons, domestic violence).

15%

Local Substantive Law, Urban Planning & State Liability

CABA urban planning and building regulations (Código Urbanístico), environmental protection under Art. 26-30 CCABA, public domain of the City, administrative contracting in CABA (Ley 2095), and municipal tort liability.

15%

Judicial Organization, Ethics & Procedure in CABA

Ley Orgánica del Poder Judicial de la CABA (Ley 7), Ley del Consejo de la Magistratura (Ley 31), magistrate appointment and disciplinary procedures (Ley 122), Tribunal Superior de Justicia (TSJ) jurisdiction, and judicial ethics.

How to Pass the Concurso Magistratura CABA Exam

What You Need to Know

Passing score: Written opposition examination 50%, antecedents 30%, personal interview 20%; automatic exclusion for candidates who do not reach 50% of the examination mark (Res. CM 23/2015)
Assessment: Competition under Res. CM 23/2015 (which repealed Res. CM 873/2008): (1) a single anonymous written opposition examination prepared and corrected by a jury of experts, worth 50% of the total qualification, with automatic exclusion of anyone below 50% of the examination mark; (2) evaluation of antecedents, worth 30%; and (3) a personal interview before the Comisión de Selección, worth 20%. The Consejo then proposes a candidate to the CABA Legislature, which designates judges by the absolute majority of its members under Article 118 CCABA.
Time limit: Fixed in each competition call by the Comisión de Selección; no fixed statutory duration is published in Res. CM 23/2015
Exam fee: No arancel is published for the competition

Keys to Passing

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Concurso Magistratura CABA Study Tips from Top Performers

1Master the CABA Constitution, especially the direct guarantee of fundamental rights and the expedited, open amparo regime under Article 14 CCABA.

2Review the Contencioso Administrativo y Tributario Code (Ley 189), focusing on admissibility of claims against the City government, exhaust of administrative remedies, and precautionary injunctions.

3Understand the adversarial criminal process under Ley 2303, the Contravencional Code (Ley 1472), and the administrative infractions regime under Ley 451.

4Study the transferred criminal competencies in CABA (narcomenudeo, illegal weapon carrying, unlawful entry, usurpation, and domestic violence).

5Analyze the jurisprudence of the Tribunal Superior de Justicia (TSJ) of CABA regarding local tax power, municipal police power, and consumer protection.

Frequently Asked Questions

What is the Concurso de Magistrados de la Ciudad Autónoma de Buenos Aires (CABA)?

It is the statutory merit-based competition administered by the Consejo de la Magistratura de CABA under Articles 116 and 118 of the City Constitution and Ley 31 to select judges, prosecutors, and public defenders for the City's judicial system.

What are the two primary judicial jurisdictions (fueros) in CABA?

The two fueros are: (1) Fuero Contencioso Administrativo, Tributario y de Relaciones de Consumo (CCAyT), which hears disputes involving the City government, local taxation, and consumer rights, and (2) Fuero Penal, Penal Juvenil, Contravencional y de Faltas (PCyF), which hears local criminal offenses, contravenciones, and municipal infractions.

How are CABA judges and magistrates confirmed?

Under Article 118 of the CABA Constitution the Consejo de la Magistratura proposes a candidate and the Legislature designates them by the vote of the absolute majority of its members. The Legislature may reject only one candidate per vacancy, must decide within sixty judicial days excluding the recess, and its silence after that period is deemed approval.

What is the format of the opposition stage in CABA?

Res. CM 23/2015 provides for a single written opposition examination, prepared and corrected by a jury of experts and taken under anonymity, whose maximum score equals half of the total qualification. Antecedents contribute 30% and the personal interview 20%. Candidates who fail to reach 50% of the examination mark are automatically excluded, though they may challenge the grade before the Plenario.

Are there any fees to register or sit for the CABA judicial competition?

No arancel is published for the competition; inscription is processed by the Comisión de Selección of the Consejo de la Magistratura de la CABA.

Is this practice bank an official exam simulator?

No. The official opposition stage is a Spanish-language written case-resolution examination graded by a jury. This bank is an English-language multiple-choice study adaptation of the CABA statutes and case law involved; it is not an official translation, does not reproduce the examination format, and its content-area percentages are our own study allocation, not official weightings.