The crisis stemming from the intervention in the Port of Ushuaia has led to an unprecedented situation in the institutional history of Tierra del Fuego . The State Attorney, Dr. Virgilio Martínez de Sucre , through Note FE No. 126, has officially announced his irrevocable recusal from representing the Province in the lawsuit against the Nation. The reason is as clear as it is alarming: the Attorney was not only not consulted in a timely manner, but also maintains "marked differences" with the strategy—or lack thereof—of Governor Gustavo Melella.
The "bypass" confirmed: Melella acted behind the back of the Law
The State Prosecutor's document confirms the complaint that Agenda Malvinas has maintained from the beginning: the Governor concealed the seriousness of the situation until the port was lost . According to Martínez de Sucre, he was only formally notified of the intervention on January 29, when the national administrator was already in office .
The Prosecutor reveals that there were prior "informal exchanges" in which he himself warned of the need to act before the physical intervention. However , Melella preferred inaction by the autonomous body (DPP) and then action driven by the Executive Branch, which the Prosecutor describes as contrary to his legal judgment .
The reasons for a historic rejection
The State Prosecutor's recusal is based on three points that leave the Melella administration in a situation of self-inflicted technical "defenselessness":
1. Strategic Divergence: The Prosecutor points out that the way Melella handled the lawsuit makes it impossible to maintain the "essential coherence" needed to defend the Province. In simpler terms: the lawsuit is so poorly formulated that the Prosecutor prefers not to sign it in order to avoid compromising his reputation or the agency's responsibility .
2. Conflict of Interest (Ongoing Investigations): This is perhaps the most explosive piece of information. The Prosecutor warns that many of the reasons invoked by the National Government for intervening in the port (such as the misappropriation of funds or financial irregularities) are being investigated by the State Prosecutor's Office itself . Martínez de Sucre cannot defend Melella in federal court while simultaneously investigating him at the provincial level .
3. Incompetence in the choice of the Court: The Prosecutor suggests that there were disagreements about "which court" to present the case to, reinforcing the argument that the presentation before Judge Calvete was a procedural error that should have gone directly to the Supreme Court.
The cost of the "Legal Adventure": $60,000 down the drain
With the State Prosecutor's recusal, the province is left in a legal limbo . Melella will now have to appoint an "ad hoc Prosecutor" to try to salvage the legal status that the Federal Prosecutor has already challenged.
Meanwhile, the Tierra del Fuego government continues to pay $60,000 to the Buenos Aires-based firm YMAZ SRL for a strategy that the province's highest regulatory body considers unfeasible and contradictory. What advice did these lawyers offer if they couldn't even secure the State Attorney's approval?
A lone and retreating Governor
Tierra del Fuego is witnessing the collapse of the official narrative. The "national outrage" denounced by Melella clashes with the reality of a provincial State Prosecutor who tells him: "I cannot defend you because you did not respect the law or the appropriate strategy."
Melella's isolation today is technical, legal, and political. By attempting to evade the State Prosecutor's Office to conceal his own administrative irregularities, the Governor ended up blocking the only serious defense the province had. Today, the Port of Ushuaia is under federal intervention and abandoned due to the incompetence of a government that no longer has anyone to defend it.