The national government’s reaction hours after learning of the ruling declaring this Anti-picket protocol It was categorical. The security minister, Alejandra MonteolivaHe posted a message in X with a defiant tone: “No minutes There is no order, there is chaos“The official assured that the judicial measure aims to advance an instrument that, according to her vision ordered the streets and guaranteed predictability in the functioning of public life.
In his message, Monteoliva directly linked the judge’s decision to political interests: This is what he explained “This move is a reaction to the old politics that wants neither peace nor order in Argentina.”. There he anticipated the official strategy: “We will not take a step back: we will appeal”. And he defended the device as an instrument validated by recent experience: “This protocol has technical, legal and operational foundations. We will defend it at all costs because it is the instrument that has returned order and tranquility to Argentinians who want to live in peace.”
This line was also expressed by the Ministry of Security, which released an official statement entitled “WITHOUT ANTIPIKET PROTOCOL THERE IS NO ORDER”. He highlighted it there The judiciary “has already confirmed the protocol several times” and that the vast majority of society supports its application. The text claimed that “the protocol is legitimate” and that may “guarantee freedom of movement” since its implementation.
Authoritarians don’t like that
The practice of professional and critical journalism is a mainstay of democracy. That is why it bothers those who believe that they are the owners of the truth.
“The protocol does not prohibit, it orders. There is the right to demonstrate and petition, but it is done with order and respect for freedom of movement“, explained the portfolio. In parallel, the official report of the ministry confirmed the position without nuances: “This decision of the judiciary is under appeal. No step back from those who want chaos and disorder to return. The protocol is legitimate and will be followed. Law and order prevail in this Argentina.”
Two years of anti-picketing protocol: Amnesty International denounces more than 2,500 injuries and increasing repression
The verdict that declared the protocol null and void
The official reaction became known after the federal judge’s decision Martin Cormickwho accepted the collective protection proposed by the Center for Law and Social Sciences and declared the nullity of resolution 943/23 drafted during the administration of Patricia Bullrich and remained in force under the leadership of Monteoliva. According to the judge, the Ministry of Security It lacks the authority to restrict constitutional rights through administrative action.
The judgment ruled that the illegality of the law was “obvious” and cited Article 1 of Law 16,986 and 7 of Law 19,549 to justify its invalidity. In addition, it opened criminal proceedings for those who feel affected by the application of the protocol: “Persons affected by the actions of the police and/or security forces (…) must report to the Criminal Justice Authority.”
The CELS welcomed the statement and emphasized that “the ruling of the Federal Judge Martín Cormick limits the possibilities of the Ministry of Security: Constitutional rights must not be restricted“. The company claimed that the resolution “goes so far as to change the criminal and organizational laws of the police, because it also changes the procedural laws.” She also stated that “the Department of Security has passed legislation through a resolution to restrict the right to protest as much as possible, bypassing Congress and also the judiciary.”
The history that remained under the microscope
The legal discussion came after a year of the Protocol’s strong presence on the streets. The last mass application was made in mid-December CGT march against labor reform powered by Javier Milei. At this point, Monteoliva was already heading the ministry, but the armed forces continued to operate according to the criteria set out in resolution 943/23.
Andy Tow: “Using anti-picketing protocol means that if people block the road the police will attack them.”
One of the most sensitive episodes occurred on March 12, when the photojournalist Pablo Grillo He was hit in the head by a tear gas shell while recording a protest near the Senate Annex. Grillo has not yet fully recovered physically from this event, so he remains hospitalized in a rehabilitation institute. The case is still under criminal investigation and is one of the concrete examples of the impact of the protocol on the ground.
The ruling was also supported by union leaders. Rodolfo AguiarATE General Secretary stated that “a ministerial decision must not stand above the Constitution, let alone attempt to reform it,” and described the ruling as “a major step forward against oppression.” In his reading, the judicial intervention “sets a limit on the government’s extreme authoritarianism” and comes late: “If they had been encouraged earlier, more than 1,400 injuries during the demonstrations would have been avoided.”
JD/EM
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