Overview
- Judge Adrián González Charvay of the Federal Court in Campana declared Article 3 of Decree 534/2025 null, finding the presidential veto of Ley 27.793 unconstitutional in an amparo filed by a family of two children with disabilities.
- The ruling compels the social insurer to restore and adjust the treatment and educational benefits for the two minors and assigns all legal costs to the National State.
- Invoking Article 75(23) of the Constitution and international human rights obligations, the judge held that the rights to health, education and rehabilitation for disabled children prevail over budgetary restrictions.
- As a first-instance decision limited to the plaintiffs, the verdict can be appealed by the executive but is expected to encourage similar amparo petitions across other jurisdictions.
- The judgment reinvigorates national debate on financing and policy for disability benefits as the Milei administration prepares its response.