This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee "Cecilia" to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued.
The tribunal denied the constitutional (amparo) action stating that the right to the preservation of the biological diversity could not prevail over the right of animals to live in appropriate conditions for the species, especially when that diversity is artificial, because it was created by the intervention of humans. In her reasoning, the judge stated that aforementioned biological diversity would have "[l]ittle moral, spiritual, economic or social benefit if the existing specimens continue to be decimated by the provision of inadequate environment." Furthermore, the judge continued, the petitioner requested leave without effect from a decision issued by a different tribunal. This would create an "evident imbalance in favor of the petitioner of the precautionary measure, under the face of an anticipated protection of a right under discussion." For those two reasons, the court denied the action of protection, and the process for the relocation of Cecilia continued.