Outcome Control as Constitutional Constraint: The Argentine Model for Autonomous Legal Entities

This paper proposes outcome control as the constitutionally grounded and technically coherent framework for governing autonomous legal entities, and advances that thesis through engagement with Emiliano Kargieman's June 2026 whitepaper on Autonomous Legal Entities (ALEs). The ALE framework is the most architecturally serious proposal in the current global debate on machine agency governance. It converges with the author's prior work on the Responsibility Ramp and on the Static Agent Assumption in identifying a structural vacuum in the legal treatment of autonomous systems, and its adoption of outcome-focused liability as a baseline principle is well-founded. The divergence lies in the ALE's governance interior: its steward council, Supervisory API, kill-switch architecture, and tiered arbitration protocol constitute process regulation, not outcome regulation, and under Argentina's constitutional framework they conflict with Article 19 of the National Constitution, which restricts state intervention to conduct that harms third parties. The paper argues that process-control layers added to an otherwise sound outcome-control framework do not strengthen governance; they generate a dual-logic regime that is formally demanding and informally unenforceable, producing the administrative discretion that has historically functioned as a rent-extraction mechanism in Argentine environmental law. The alternative this paper advances is the Responsibility Ramp applied to the Argentine Automated Company (Article 14 of the draft General Companies Law submitted to Congress on May 29, 2026): dynamic intentionality classification by task phase, strict liability under Articles 1757 and 1758 of the Civil and Commercial Code for execution-phase harm, attribution tracing the configuration chain to the decision that mattered, and three targeted statutory additions that close the framework's structural gaps without regulating the agent's decision process.