# Argentina juvenile criminal reform faces judicial conflict

> Live situation record from CLSTR: https://clstr.news/situations/argentina-juvenile-criminal-responsibility-reform
> Updated: 2026-09-08T23:50:40.000Z. Sources: 136. Developments: 3.

Argentina’s implementation of Law 27.801, which reduces the minimum age of criminal responsibility from 16 to 14, continues to trigger institutional conflict. While the law is active in Jujuy and being prepared for application in Santa Fe, its application remains suspended in the Province of Buenos Aires following a 60-day preventive order by Judge Marta Pascual.

Judge Pascual cited “insufficient infrastructure, budget deficits, and the risk of overcrowding” as the primary reasons for the suspension, emphasizing her decision is based on “constitutional guarantees rather than political ideology.” This has sparked intense backlash. The La Libertad Avanza party is pursuing impeachment proceedings against the judge, accusing her of undermining a democratically approved law. Prosecutor Hernán Ceruti has appealed the ruling, arguing that the suspension violates the separation of powers and causes “grave institutional damage.” Additionally, the NGO Usina de Justicia has filed criminal complaints against Judge Pascual for alleged abuse of authority and usurpation of functions.

Regional responses remain divided. In Santa Fe, Governor Maximiliano Pullaro criticized the suspension as “silly garantismo” and confirmed his province is prepared to apply the new regime. In Jujuy, Prosecutor Alejandro Bossatti confirmed the law is already in effect. In Chaco, authorities are preparing for implementation by constructing new facilities, such as Penal Unit 9, specifically for minors. In San Luis, Governor Claudio Poggi expressed full support for the reform, noting that adolescents will not be sent to adult penitentiaries. Adding to the judicial complexity, Judge Mirtha Guarino of the Moreno-General Rodríguez judicial department ruled that the law remains valid and must be applied.

## Claims

- The minimum age of criminal responsibility has been lowered from 16 to 14 years. (corroborated by 32 sources)
- The new Juvenile Criminal Regime (Law 27.801) entered into force on September 5, 2026. (corroborated by 27 sources)
- Judge Marta Pascual suspended the application of the new Juvenile Criminal Regime in Buenos Aires province for 60 days. (corroborated by 22 sources)
- The Ministry of Justice is the designated authority for implementation at the national and federal levels. (corroborated by 15 sources)
- Decree 875/2026 regulates the implementation of Law 27.801. (corroborated by 15 sources)
- The regulation creates the figure of a specialized supervisor to monitor and assist adolescents. (corroborated by 14 sources)
- The maximum prison sentence for adolescents is set at 15 years. (corroborated by 10 sources)
- The new law prohibits life imprisonment and life reclusion for minors. (corroborated by 8 sources)
- La Libertad Avanza is seeking an impeachment trial (jury) against Judge Marta Pascual. (corroborated by 8 sources)
- A specialized supervisor must have academic training in fields such as psychology, education, or social work. (corroborated by 7 sources)
- The suspension was justified by a lack of infrastructure and resources to accommodate the increase in juvenile detainees. (corroborated by 7 sources)

## Timeline

### 2026-09-08: Argentina Juvenile Law suspension sparks political conflict

A judicial suspension of Argentina's new Juvenile Criminal Regime in Buenos Aires province has sparked political conflict, including impeachment attempts against Judge Marta Pascual.

65 sources. https://clstr.news/cluster/argentinas-new-juvenile-criminal-regime-suspended-in-buenos-aires

### 2026-09-06: Argentina implements new Juvenile Criminal Regime amid judicial suspension

Argentina's new Juvenile Criminal Regime, lowering criminal responsibility to age 14, faces a 60-day suspension in Buenos Aires due to concerns over judicial infrastructure and resource capacity.

97 sources. https://clstr.news/cluster/argentina-implements-new-juvenile-penal-regime

### 2026-08-12: Argentina to lower criminal responsibility age to 14

Argentina will lower the criminal responsibility age to 14 on September 5. The new law aims to increase accountability for adolescents through stricter sentencing and reintegration programs.

2 sources. https://clstr.news/cluster/argentina-to-lower-criminal-responsibility-age-to-14

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Cite as: Argentina juvenile criminal reform faces judicial conflict. CLSTR, https://clstr.news/situations/argentina-juvenile-criminal-responsibility-reform