Judge Suspends New Juvenile Penal Regime in Buenos Aires Province

Judge Marta Elba Pascual of the Lomas de Zamora Juvenile Penal Responsibility Court No. 2 has suspended the application of the new Juvenile Penal Regime in the province of Buenos Aires for 60 days. The ruling follows a collective preventive habeas corpus filed by the Federación Familia Grande Hogar de Cristo. The new law, which entered into force on Saturday, reduces the age of criminal responsibility from 16 to 14 years.

Judge Pascual based her decision on the current material, institutional, and professional conditions of detention centers. She argued that lowering the age of punibility would significantly increase the number of adolescents in the system, potentially leading to overcrowding and the violation of human rights. The judge stated that without proper education, therapy, and vocational training, detention centers can function as schools for crime, which ultimately increases insecurity and violence for the community.

The ruling does not determine whether the law is constitutional but focuses on the immediate risks of its implementation. While the judge acknowledged recent improvements in infrastructure and water provision, she maintained that minimum standards are not yet met to ensure that detention does not compromise Argentina's international responsibilities.

Political reactions to the decision have been divided. Center right framing emphasizes the potential for impunity, noting that minors aged 14 or 15 who commit serious crimes, such as murder, may not be incarcerated during this suspension. Figures such as Diego Santilli and Patricia Bullrich criticized the ruling as garantista and accused Governor Axel Kicillof of siding with criminals. In response, Judge Pascual stated that she does not romanticize youth with weapons and that she also desires security for her own family and community. Center left framing focuses on the judicial protection of children's rights and the state's failure to provide the necessary infrastructure before expanding the penal population.