Viola and Caputo's Dispute Over Judicial Strategy as Peronism Fractures

With over 600 vacant positions in the Argentine judiciary—including two in the Supreme Court—the landscape of judicial appointment negotiations has radically changed. The internal weakening of Peronism has opened a completely different scenario for Javier Milei’s government, which can now move forward without Kirchnerist support. But behind this political advantage, a parallel dispute is unfolding within the executive itself: the one led by Santiago Viola, a judicial operator aligned with Karina Milei, and Santiago Caputo, a presidential advisor working with Deputy Minister of Justice Sebastián Amerio. Both are pursuing divergent strategies on how to proceed with the appointments.

Peronist internal crisis weakens Mayans in key negotiations

The historic alliance between Milei and non-Kirchnerist Peronist governors is gaining new relevance. José Mayans, president of the Peronist bloc in the Senate, is increasingly fragile after recent internal fractures. A stark example was the suspension of Carolina Moisés, a senator from Federal Conviction, along with another 300 affiliates of the Justicialist Party in Jujuy, allegedly for supporting the 2026 Budget. Moisés claimed it was retaliation by Camporista Leila Chaher, who ran on a different list and lost her seat. “They can’t beat me in an election, so they suspended me four times,” she told media.

Such internal decisions undermine Mayans’ leadership. His warning was ignored, further weakening his position as the bloc’s coordinator. What was once a unified agreement under a single leadership now fragments into parallel negotiations involving multiple actors.

353 vacancies and an opportunity for Milei without Kirchnerism

The 2026 outlook is radically different from a year ago, when Santiago Caputo unsuccessfully tried to fill vacancies. At that time, Kirchnerist numbers in the Senate clashed with the ruling coalition’s strategy. Today, the situation has changed. An ally close to Cristina Kirchner expressed some confusion: “If they didn’t negotiate with us when we had the numbers, why would they do it now that we have fewer?”

The figures speak for themselves: there are approximately 353 vacancies out of just over 950 authorized positions. Including prosecutors and defenders, the total exceeds 600 unfilled roles. This situation has led governors to request that appointment proposals be sent during extraordinary sessions, though so far the response has been negative. The urgency to fill these vacancies also reflects a political urgency: Patricia Bullrich, head of the La Libertad Avanza bloc, is just four senators short of the two-thirds majority needed to unilaterally appoint Supreme Court justices.

With Mayans holding only 23 seats, the government’s numerical advantage is consolidating without the need for the previously inevitable consensus.

Convicción Federal loses alignment: the new Senate landscape

The five senators from Convicción Federal—Moisés, Guillermo Andrada, Fernando Salino, Sandra Mendoza, and Fernando Rejal—are now acting independently. Neither the Santiago del Estero allies close to former governor Gerardo Zamora nor others behave as guaranteed allies of Cristina; they simply maintain their own bloc within “Populares.” This fragment of Peronism, once presented as a unified front, now disperses into multiple negotiation spaces.

Adding to this is a prior operation that set the tone: the appointment of the General Audit Office (AGN). Martín Menem, president of the Chamber of Deputies, negotiated directly with Salta governor Gustavo Sáenz, bypassing other actors. It is expected that this same approach will be replicated in judicial appointment negotiations. Mayans had wanted to accelerate the appointment of his close associate, Carlos Raúl Gutiérrez Ortiz, to the AGN, but was blocked by governors proposing Ricardo Guerra, a former senator from La Rioja. This internal blockade within the interblock could recur in debates over the judiciary.

Internal government disputes: Viola, Caputo, and the future of judicial strategy

Fractures are not limited to Peronism. Santiago Caputo’s wing, which works directly with Amerio, is engaged in a parallel negotiation to Karina Milei’s faction, led by the Menem family and judicial operator Santiago Viola. This internal dispute largely determines how appointments will be structured and what orientation the magistrates entering the Supreme Court will have.

The future of Justice Minister Mariano Cúneo Libarona remains uncertain. He has maintained his resignation on hold at the President’s request, a situation that could be resolved when the final strategy is defined in March. That decision will also clarify which approach will prevail in negotiations: Viola’s, which aligns more with the bloc logic of the vice president’s wing, or Caputo’s, emphasizing dialogue with dissident actors.

Official sources maintain a neutral stance for now: “We haven’t negotiated with Cristina or anyone. We will negotiate with those who are serious and understand the current times and the gravity of having so many vacancies,” said a senior judicial official.

The next challenge: labor reform and uncertainties of the new bloc

The real test of the alliance between Convicción Federal and La Libertad Avanza will be the vote on the Labor Reform. Disaffected Peronists remain firm that confronting the majorities of 2023 and 2025 does not benefit the movement. However, the bloc itself offers no clear stance yet, arguing that “the governors have not yet defined their position.”

What is certain is that the path is clear for Milei to secure the numbers without Kirchnerism. That was the true change: not so much the official break of Peronism, but the repositioning of actors now negotiating separately. Santiago Viola, in his role as judicial operator, plays a central part in this reconfiguration of the political landscape. With the internal crisis of Peronism at its peak, the judicial appointments starting March 1 will mark a turning point in Argentine politics.