A federal judge in Campana, Adrián González Charvay, ruled on Friday that the article of the presidential decree suspending the state of emergency in disability matters was invalid and ordered it to be implemented immediately nationwide. The law, approved by Congress last July, declared a state of emergency in disability until the end of 2027. However, although the Executive branch promulgated the norm, it imposed a brake on its application, arguing that Congress had not defined the funding sources. Thus, Executive Decree 681/2025 left the law in limbo, which sparked a strong protest from families, organizations, and service providers. The judicial appeal that led to this ruling was filed by two families on behalf of their children, each holding a Unique Certificate of Disability. The main argument of the appeal was that the suspension left thousands of people dependent on treatments, services, and supports in a state of defenselessness, as these were already deteriorating due to the economic crisis and underfunding. On the government side, the Ministry of Health defended the suspension on fiscal grounds and warned that applying the law without specific funds would risk other state areas. It also maintained that budget reallocation was the responsibility of Congress, not the Executive. These arguments were rejected by Judge González Charvay, who stated that after the presidential veto was rejected, the Constitution obligates the Executive to enact and execute the law unconditionally. He also ruled that the decree suspending the law violated this mandate and subordinated a congressional norm to lower-ranking regulations, constituting an intrusion into legislative competencies. The federal judge also questioned the government's fiscal arguments, noting that Congress had authorized the Chief of Cabinet to make necessary budget reassignments and that since December 2023, more than nineteen budgetary modifications had already been made for other purposes. The ruling highlighted the special vulnerability of people with disabilities, especially children and the elderly, as well as the State's obligation to adopt reinforced protection measures, citing Supreme Court and Inter-American Court jurisprudence that demands avoiding any regression in social rights. Finally, Judge González Charvay ordered the immediate application of Law 27.793, declared the suspension by Decree 681/2025 invalid, imposed costs on the State, and ordered the decision to be published in the Public Registry of Collective Proceedings.
