Judge Gallardo is reported for ruling against security and favoring unions.

The National Government, through the Ministry of Security led by Patricia Bullrich, filed a strong complaint for misconduct against Buenos Aires judge Roberto Andrés Gallardo, head of the Administrative and Tax Court No. 2 of the  Autonomous City of Buenos Aires. The accusation, filed with the City's Council of the Judiciary, arises after the magistrate issued a controversial precautionary measure requiring the City Police to guard the retirees' march scheduled for next April 9, expressly excluding federal security forces from any intervention.

The presentation was made by the National Director of Regulations and Relations with the Judicial Powers and Public Ministries, Fernando Soto, who argued that Gallardo acted "without competence or jurisdiction" and with a  "clear political intent". The judicial resolution was issued as a result of an injunction filed by the CGT, the Union of Workers of the Popular Economy (UTEP), led by Juan Grabois, and the  Union of National Justice Employees (UEJN), headed by Julio Piumato.

The complaint emphasizes that Gallardo irregularly enabled non-working days and hours to issue the measure, in a context that did not justify real urgency. Additionally, it is recalled that the  Public Prosecutor's Office had expressly opposed the judicial intervention, considering that "there was no concrete judicial case" and that "the issue had already been previously rejected for lack of active legitimacy and jurisdiction."

"The deliberate violation of the rules that delimit federal issues and the intrusion into the exclusive powers of the Executive result in a partial and ideological action, contrary to the judicial mandate of impartiality", the complaint states.

From the Ministry of Security, it was highlighted that the Buenos Aires judge's resolution represents a direct intrusion into federal competencies, openly violating the  Internal Security Law (No. 24,059) and affecting the legitimate exercise of functions assigned by the National Constitution to the Executive Power. In this context, Gallardo not only ruled in favor of the unions, but also formally notified all federal forces –Federal Police, Gendarmerie, Prefecture, and Airport Security Police– that they should refrain from intervening, even in the case of threats to public order.

In a particularly delicate section, the complaint mentions practices of "forum shopping," a judicial maneuver that involves choosing the court most ideologically inclined to rule in favor of certain causes. The case was presented by the plaintiffs on Friday, April 4, in the afternoon, with the aim of having Gallardo enable non-working days, thus preventing the file from falling into the duty court. "The judge justified his participation based on the urgency of judicial protection in the face of a certain and foreseeable risk, when the alleged facts were completely hypothetical", the official text details.

The resolution signed by Gallardo explicitly orders that federal forces "refrain from intervening and interfering in the autonomy of the Autonomous City of Buenos Aires regarding public security." It also orders the National Ministry of Security  "to withdraw its actions" from the vicinity of the National Congress during the mobilization, arguing that it is "a local administrative controversy."

However, the Public Prosecutor's Office warned that this statement lacks legal basis, as issues related to the actions of federal forces must be addressed exclusively in the federal jurisdiction. The official complaint warns that this resolution "unduly restricts the role of federal forces in guaranteeing security" and concludes with a categorical statement: "Not intervening would imply declining the security missions and functions constitutionally assigned to the National State."

The text delivered to the Buenos Aires Council of the Judiciary requests the opening of an investigative summary to determine if there was misconduct on the part of the magistrate. If irregularities are proven, Gallardo could face disciplinary sanctions and even a possible political trial.