Government to appeal ruling declaring anti-picket protocol null

A federal judge annulled the anti-picket protocol, ruling that the Ministry of Security lacks authority to restrict constitutional rights administratively. The national government, led by Security Minister Alejandra Monteoliva, defended the measure and announced it will appeal in the courts. The judicial decision stems from a collective amparo filed by the Center for Legal and Social Studies (CELS).

Federal Judge Martín Cormick declared Resolution 943/23, establishing the anti-picket protocol, null in response to a collective amparo from the CELS. According to the ruling, issued on December 29, 2025, the Ministry of Security lacks authority to limit constitutional rights via administrative resolution, citing laws 16.986 and 19.549. The judge opened a penal avenue for complaints from those affected by the protocol's application.

The government responded swiftly. Security Minister Alejandra Monteoliva posted on X: “Without protocol there is no order, there is chaos.” She defended the tool as validated by experience, with technical, legal, and operational foundations, and accused the 'old politics' of seeking disorder. “We won't take a step back: we will appeal it,” she assured. The Ministry of Security issued a statement titled “WITHOUT ANTI-PICKET PROTOCOL THERE IS NO ORDER,” noting that the Justice has previously validated it and that it ensures free circulation without banning protests, only ordering them.

The protocol, designed during Patricia Bullrich's tenure and maintained under Monteoliva, was heavily applied in the past year. A key example is the CGT march in mid-December against Javier Milei's labor reform. Another incident occurred on March 12, when reporter Pablo Grillo was injured by a tear gas projectile during a protest near the Senate; he is still recovering in rehabilitation.

The CELS celebrated the ruling: “It sets limits on what the Ministry of Security can do: it cannot restrict constitutional rights.” Critics like Rodolfo Aguiar from ATE saw it as progress against repression, estimating over 1,400 wounded in demonstrations since its implementation, and stated that a resolution cannot override the Constitution.

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