National Security Minister Alejandra Monteoliva announced it this Tuesday
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Less than 24 hours after an ultra-Kirchnerist judge declared the anti-roadblock protocol null and void, Javier Milei's government announced this Tuesday that the measure remains in force and is not suspended.
The Security Minister, Alejandra Monteoliva, reported this Tuesday that the Federal Justice granted the appeal filed by the Executive and stayed the effects of the ruling signed by federal judge Martín Cormick, who had annulled the resolution that regulates the actions of the security forces in the face of violent demonstrations and roadblocks.
Cormick's controversial measure
The anti-roadblock protocol had been annulled yesterday by Cormick, a Kirchnerist judge linked to La Cámpora, after an amparo action promoted by the Center for Legal and Social Studies (CELS).
La Justicia Federal suspendió el fallo del juez kirchnerista que anulaba el protocolo antipiquetes
In that ruling, the judge maintained that the Security Ministry overstepped into powers that "do not belong to it" when it issued resolution 943/2023, which launched the intervention scheme for protests, roadblocks, and violent demonstrations. According to his view, the public administration can't issue regulations that restrict essential constitutional rights without express legal authorization from Congress.
Cormick, appointed federal judge by former president Alberto Fernández just over two years ago, previously served as a PAMI official and as Inspector General of Justice during the final stage of the government of former president Cristina Kirchner.
In his ruling, the magistrate argued that the protocol affected, according to him, rights such as freedom of assembly, freedom of expression, and the right to petition the authorities, and he particularly questioned the use of the concept of flagrante delicto to enable the immediate intervention of the security forces in the face of traffic blockades.
However, this Tuesday the government reported that the judicial situation took a turn in favor of decent Argentines. Through her official account on the social network X, Minister Monteoliva communicated the judicial decision favorable to the Executive and confirmed the continuity of the protocol.
El juez kirchnerista Martín Cormick.
In her message, she wrote: "THE PROTOCOL REMAINS IN FORCE. The justice system ruled in our favor: it granted the appeal that we filed and stayed the effects of the ruling that declared the protocol null and void. The protocol remains in force and can be applied".
In the same statement, the minister emphasized the government's political stance in the face of the judicial conflict. "We said it yesterday and we reaffirm it today: we are not going to take a step back. The restored order is upheld with determination and clear rules", Monteoliva stated, marking a line of continuity with the security policy applied since the beginning of Javier Milei's administration.
The announcement was also backed by the Chief of Staff, Manuel Adorni, who spoke through the same social network. "The 'anti-roadblock' protocol remains in force. Greetings to all. The end".
The anti-roadblock protocol is one of the main tools regarding public order promoted by the libertarian administration. Its objective is to establish clear criteria for the intervention of federal forces in the face of roadblocks, highways, or strategic access points, under the premise of guaranteeing the free movement of Argentines.
