Judge's Suspension of Juvenile Penal Law in Buenos Aires Province Sparks Legal and Political Conflict

Judge Marta Elba Pascual of Lomas de Zamora has suspended the application of the new national Juvenile Penal Law, Law 27.801, in the province of Buenos Aires for 60 days. The ruling came as a result of a preventive collective habeas corpus filed by the Federación de Familia Grande Hogar de Cristo. Judge Pascual ordered the suspension to evaluate whether the province has the material, institutional, and professional conditions necessary to implement the law without violating constitutional and conventional standards regarding the deprivation of liberty for adolescents. She has scheduled a multi purpose hearing for September 16, 2026, where provincial executive officials must report on the measures adopted for the law's implementation.

The decision has faced significant opposition from various sectors. Hernán Ceruti, a juvenile prosecutor in Lomas de Zamora, appealed the ruling, arguing that the judge overstepped her authority and violated the separation of powers by suspending a national law without evidence of a concrete illegal act. Additionally, the NGO Usina de Justicia filed a criminal complaint against Judge Pascual for alleged abuse of authority and usurpation of function.

Political reactions have been sharp. Members of La Libertad Avanza in Buenos Aires province have announced they will seek the impeachment of Judge Pascual. Sebastián Pareja, president of the party in the province, claimed the judge is acting as a pawn for Governor Axel Kicillof and is attempting to block a democratically voted law.

Reporting on the event varies by political perspective. Center right sources frame the event as a legal debate over the proper use of habeas corpus and the necessity of institutional readiness, while also highlighting the legal challenges and accusations of judicial overreach. In contrast, center left reporting focuses on the political reaction from La Libertad Avanza, emphasizing their claims that the ruling promotes impunity for criminals and serves political interests.