Federal court upholds anti-protest protocol, clearing way for enforcement

Carlos Alberto Sadir, Governor of Jujuy
Carlos Alberto Sadir, Governor of Jujuy
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A federal administrative court in Argentina upheld the government’s anti-protest protocol on April 1, allowing federal security forces to continue enforcing street controls. The decision came as the Federal Administrative Chamber overturned a previous nullification of the protocol established by Patricia Bullrich, now supported by her successor Alejandra Monteoliva.

The ruling is significant because it prioritizes the right to free movement over the right to protest. This comes amid ongoing debates about how government policies affect public demonstrations and individual rights.

Judges Sergio Fernández and Jorge Morán ruled that the protocol represents a “legitimate limitation” on constitutional rights. They rejected earlier concerns raised by Judge Martín Cormick, who had argued that Minister Bullrich exceeded congressional authority in restricting these rights. According to the chamber’s decision, controlling protests is justified under current legal frameworks.

Despite this ruling, there are reports from organizations such as Comisión Provincial por la Memoria indicating an increase in injuries and detentions during security operations since President Javier Milei took office. These reports highlight cases ranging from injuries among protesters to incidents involving minors affected by crowd control measures.

The Center for Legal and Social Studies (CELS) has announced plans to appeal this decision before Argentina’s Supreme Court. On the same day as this federal ruling, a separate city court confirmed charges against a federal officer accused of assaulting an elderly protester—demonstrating ongoing legal scrutiny of law enforcement actions during protests.

Looking ahead, further judicial review at higher courts may determine whether these protocols remain in place or are subject to additional restrictions.



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