Prosecutor Rodrigo Cuesta ruled before the Federal Contentious Administrative Chamber to reject the government's appeal and uphold the nullity of the anti-picketing protocol promoted by the Ministry of Security. The opinion emphasizes that the right to protest has preferential protection over absolute traffic priority and criticizes automatic police intervention. The final decision rests with the Chamber.
Prosecutor Rodrigo Cuesta issued an opinion to the Federal Contentious Administrative Chamber recommending dismissal of the national government's appeal against the ruling that declared the anti-picketing protocol null. This measure, promoted by the Ministry of Security under former minister Patricia Bullrich, aimed to regulate protests by prioritizing vehicular traffic over the right to social protest, according to the opinion reported on March 26, 2026, by Perfil and other outlets. Cuesta argued that the state cannot prioritize traffic absolutely, as the right to demonstration enjoys 'preferential protection' in democracy. He stated that the protocol exceeds the ministry's powers by regulating fundamental rights through an administrative norm that nullifies constitutional guarantees. The prosecutor warned against the 'automaticity' of police repression, which mandates immediate intervention for any public road obstruction without assessing circumstances or the legitimacy of the claim, rendering it 'incompatible with the standards of reasonableness and proportionality' required by the Constitution. The case was brought by organizations including CELS, Amnesty International, Sipreba, ATE, ANDHES, Polo Obrero, FOL, and the Neuquén Indigenous Confederation, who denounced the measure's punitive bias. For CELS, the opinion marks significant judicial oversight of public order policies that restrict democratic rights. Though non-binding, it bolsters the plaintiffs' position and complicates the government's defense. The Chamber must now decide whether to confirm the nullity, in a case that could set precedent on balancing circulation and social expression in Argentina.
