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The iura novit curia tenet in matters of responsability of State, has had a mainly jurisprudential development in our country, applying with the purpose to guarantee the access to justice, and the primacy of the substance over the formalities in case of divergence between the imputation title that invoques the people who intend to obtain from the State the reparation of a damage and the imputation title that results demonstrated from the facts. Through this bibliographic review article, and using the analytical-documentary method, we’ll find what are the limits to which the jude must adhere at the moment to apply this tenet, and the way it develops in matters of contractual and extra-contractual responsability of the State.