The factor of imputation that allows attributing responsibility to the Armed Forces is a controversial issue. The judicial argumentation on this matter has changed with the course of the type. This commentary analyzes the majority jurisprudence from the case 'Seguel with Treasury' and compares it with the way in which the Supreme Court resolves the case 'Bustamante con Escuela de Aviación'. It reflects on the use of the legal specialty argument (lex specialis) and on the legal policy discussions involved in the sentence.