Progress has been made in a criminal complaint against Rodolfo Aguiar for coup-mongering statements against Javier Milei's government
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The National Government filed a criminal complaint against the head of ATE, Rodolfo Aguiar, after the union leader publicly stated that "his job is to provoke a crisis for this government", amid the debate over the labor reform promoted by the Milei administration.
The complaint was filed by the Ministry of Security, under the direct instruction of Patricia Bullrich, and was submitted to the Federal Judiciary. The document is signed by Fernando Oscar Soto, National Director of Regulations and Relations with Judicial Authorities and Public Ministries.
The articles of the Penal Code under which he is charged
The complaint argues that Aguiar's statements could fall under Articles 226 and 226 bis of the Penal Code, which penalize:
"The threat of using force against the constitutional order".
"Public incitement to impede the free exercise of democratically constituted authorities".
The union leader's words constitute a suitable threat aimed at affecting President Javier Milei's popular mandate.
The exact excerpt that prompted the complaint was literally Aguiar's phrase during a television program: "I want to say this with complete sincerity... My job, our job, is to provoke a crisis for this government."
Dichos golpistas del Secretario General de ATE
The Ministry points out that the statement was made during an interview related to the labor reform and that its content goes beyond a political opinion to become an explicit call to generate an institutional crisis.
Bullrich: "It's destabilizing and seditious"
After the news became public, Minister Bullrich wrote on social media: "Yes, it's destabilizing and seditious. Now, criminally charged for public threats against the constitutional order."
President Javier Milei shared the post, reinforcing the Executive's political support for the judicial action.
Declaraciones de Patricia Bullrich en X
In the complaint, Soto emphasizes the seriousness of such statements coming from someone who represents state workers. The document states: "Deliberately, he is urging to 'provoke a crisis' for the Government, that is, to affect the exercise of the popular mandate held by the President of the Nation."
He adds: "The statements are highly reprehensible, as they seek to affect the normal functioning of democratic institutions through a public threat, widely disseminated on social media and in the press."
The document mentions that the reported excerpts can be verified on Instagram, X, and TikTok, highlighting the broad public dissemination of the message as an aggravating factor.
The Ministry of Security's formal request to the Judiciary
The complaint requests that:
A criminal investigation be initiated to determine whether Aguiar committed the crime of a suitable public threat against the national government.
It be determined whether the conduct falls under Articles 226 and 226 bis.
Action be taken "in accordance with the law" to safeguard the free exercise of the constitutional powers of the Executive Branch.
A test case amid the ongoing dispute over labor reform
El Gobierno Nacional avanza en una denuncia penal contra Aguiar
The complaint arises in a context of heightened tension between the Government and state unions, which oppose the labor reform and the process of modernizing the State because they fear losing their union funds.
In this context, the Ministry of Security seeks to set a precedent regarding union statements that—in the Executive's view—far exceed the right to protest and verge on affecting the democratic order.
The case is now in the hands of the Federal Judiciary, which must assess whether Aguiar's statements constitute a criminally relevant threat against the constitutional order.
