The judge in question is Marta Elba Pascual, head of the Juvenile Criminal Responsibility Court No. 2 in Lomas de Zamora, who ordered a 60-day halt to the implementation of Law 27.801, arguing to prevent a potential collapse of the Buenos Aires detention centers.
The judge granted a collective preventive habeas corpus presented by the Federation Family Grande Hogar de Cristo on behalf of "youths deprived of their liberty".
The Kirchnerist judge Marta Pascual
Thus, the launch of the new regime is temporarily conditioned by a judicial measure that questions the provincial system's capacity to accommodate more underage offenders.
One of the main arguments used by Pascual relates to the inclusion of 14 and 15-year-olds in the criminal system. According to the judge's analysis, the influx of new youths, combined with a longer detention period for those already incarcerated, could lead to an immediate collapse of juvenile institutions.
The resolution also states that deficiencies in the spaces allocated for education and vocational training could ultimately have consequences for public safety itself. In this regard, the judge warned that overcrowding could "increase levels of violence" when young offenders regain their freedom.
With this argument, Pascual maintained that the Judiciary must intervene before a "violation of fundamental rights" occurs and used the precautionary principle to suspend the transfer of minors to Buenos Aires prisons until the "necessary conditions" are met.
A minor murderer
This decision thus represents a temporary halt to a reform that had just begun to be implemented. The new Juvenile Criminal Regime, promoted by the government of Javier Milei, lowers the age of criminal responsibility from 16 to 14 years throughout Argentina.
The measure affects young offenders from 14 years old until the day before they turn 18, and aims to end the impunity of those who, prior to the law, committed serious crimes and ended up free due to their age.
The next step will be a hearing
The suspension will initially last for 60 days, during which the underlying situation must be analyzed. To advance in that process, the Judiciary has called for a hearing on September 16 at 10 a.m.
The meeting will take place in the oral trial room of the Lomas de Zamora court and will require the mandatory presence of the provincial Executive Power officials.
The hearing will thus be a key instance to determine how the application of the Juvenile Criminal Regime will continue in Buenos Aires.
Meanwhile, the Kirchnerist judge's decision keeps the implementation of a law supported by the majority of society on hold.
