The protection of the jaguar (Panthera onca), critically endangered in Argentina, has been declared a National Natural Monument by Law No. 25,463, under the protection regime of Law No. 22,351 for its conservation.
This legal figure enables a range of reinforced protection mechanisms that exceed traditional environmental protection, allowing an active participation of the State in judicial and administrative processes against events that affect this species.
This work analyzes the National Conservation Plan of the Yaguareté Natural Monument, the legal actions derived from its implementation, and the legitimation of the State as a procedural subject in defense of collective rights.
Likewise, it examines the normative advances in the provinces of Misiones and Chaco, and raises the need to consolidate a coordinated legal strategy to ensure the effective conservation of this emblematic species.
### A species on the brink of extinction
The jaguar represents much more than a threatened species. It is a symbol of Argentine biodiversity, a key piece of ecological balance, and a cultural emblem of indigenous peoples.
Its disappearance would not only signify an irreparable biological loss but also a setback in the Argentine State’s commitment to environmental conservation and international agreements on biodiversity.
Given this situation, the declaration of the jaguar as a Natural Monument is exceptional. This legal category is reserved for species whose survival requires urgent, coordinated, and comprehensive measures.
National and provincial regulations, together with jurisprudence and doctrine on diffuse and collective rights, establish a robust – though still improvable – framework for its protection.
### The National Conservation Plan of the Yaguareté: a technical instrument with legal consequences
The National Conservation Plan of the Yaguareté Natural Monument, approved by Resolution RESFC-2018-146-APN-D#APNAC of the National Parks Administration, is the main guiding instrument for public policies aimed at protecting this species.
Legally, it represents a general administrative act that, while not taking the form of a law, establishes binding guidelines for the Administration’s bodies.
This plan is articulated with the principles established in Law No. 22,351 (National Parks Law) and its complementary norms. Among its objectives, it stands out:
– Minimize habitat loss (by promoting sustainable productive practices).
– Prevent illegal hunting and other causes of non-natural death (such as collisions or attacks).
– Ensure the effective enforcement of penalties (both administrative and criminal).
– Promote the active involvement of the General Directorate of Legal Affairs (in all judicial processes that compromise the jaguar’s integrity).
The strategic nature of the plan is reflected in its multidisciplinary approach and its preventive and punitive vision. Its implementation, however, requires effective institutional presence in the territory, adequate resources, and permanent coordination with judicial authorities and security forces.
### Provincial regulatory framework: towards federal environmental governance
Several provinces have supported the national initiative through their legislation to strengthen jaguar protection in their respective territories. Among the most relevant advances are:
– Chaco, which through Law No. 882-R declared the jaguar as a Provincial Natural Monument and signed an agreement with the Red Yaguareté Foundation for the development of conservation policies for the species and native forests.
– Misiones, with an even more determined approach, has not only legislated on the protection category (Law XVI No. 22) but has also instructed the State Prosecutor, through Decree 2098/2024, to act judicially as a plaintiff in any criminal case related to offenses against the species, including hunting, collisions, illegal possession, or commercialization.
The experience of these provinces reflects a growing trend towards cooperative environmental federalism, in which subnational jurisdictions assume active responsibilities, complementing the protection of the National State.
### The State’s role as a plaintiff: procedural legitimacy and collective rights
One of the most legally relevant aspects of the analyzed regulatory framework is the State’s legitimacy to act as a plaintiff in criminal cases involving the affecting of environmental assets.
Article 82 of the National Criminal Procedural Code states that “any person with civil capacity particularly offended by a public action crime” has the right to act as a plaintiff.
Contemporary doctrine and jurisprudence have overcome a narrow interpretation of this article, recognizing the possibility for public or collective entities to assume this role, especially when it comes to defending supra-individual interests, such as the environment, wildlife, or natural resources.
In this sense, the National Parks Administration, as the body responsible for the conservation of Argentina’s natural heritage, is not only authorized but obliged to act as a plaintiff or civil party in all cases where the integrity of species declared as a Natural Monument is compromised.
Institutional instruction in this regard constitutes an innovation in contentious-administrative practice and must be consolidated as a state policy.
### Institutional challenges and perspectives
Despite regulatory advances, there are structural obstacles that limit the effectiveness of legal protection for the jaguar. Among them are:
– Lack of specialized training (for judicial and security personnel on environmental crimes).
– Unequal allocation of resources (among jurisdictions).
– Difficulties in inter-institutional coordination (both within the national State and between it and the provinces).
– Limited systematization of judicial data (related to infractions or crimes against wildlife).
Faced with these challenges, there is a need to consolidate a national legal strategy that not only reacts to consummated crimes but also acts preventively through active monitoring, environmental education, the creation of robust environmental jurisprudence, and strategic litigation.
### Conclusion: towards a model of reinforced protection of natural heritage
The category of Natural Monument, far from being merely declarative, must operate as a true legal device of reinforced protection, capable of mobilizing the State’s institutional structure to prevent, punish, and remedy damages against species whose very existence is in danger.
The jaguar, as a symbol and victim of environmental deterioration in Argentina, requires a state response commensurate with the commitment imposed by the principle of non-regression in environmental matters and the constitutional duty to preserve the environment (art. 41 CN).
The National Conservation Plan, provincial laws, and the increasing use of criminal proceedings as a tool for protecting natural heritage outline a promising yet incipient path.
The consolidation of this strategic line will also require a strengthening of institutional capacities and a deep social appropriation of the value of biodiversity as an essential condition for its defense.
**Authors:** Boaglio Leonardo and Susana Andrea Morales
Photo: Red Yaguareté – Mborayhú- Yaguareté in Iguazu National Park
