Reforma Judicial. Revista Mexicana de Justicia

El principio de legalidad en materia penal (análisis del artículo 14, párrafo tercero, de la Constitución mexicana)

Miguel Carbonell — Fri, 13 Dec 2019 00:00:00 +0000

This paper reviews the principle of legality and the principle of “legal reserve” on criminal matters, as established in the third paragraph of article 14 of our Constitution. This analysis is made through the perspective of three principles: legal reserve, legal certainty in criminal matters and the prohibition of analogy as a method of interpretation. These three principles are fundamental to the composition of a protective form of interpretation of the Constitution, which is the central subject of this document.
In addition, it addresses the possibility to applying the principle of proportionality to the criminal laws as a legislative limit on criminal matters.

Regulación de la responsabilidad patrimonial por error judicial en México

Nathaly Mendoza Zamudio — Fri, 13 Dec 2019 00:00:00 +0000

The study focuses on the patrimonial responsibility for judicial error in the context of our Mexican State; analyzing the fundamental aspects emanating from the doctrine and the foundation that originates the compensation for judicial error, in order to review the Mexican legislation in its federal and local areas to discover if this figure is regulated and, if applicable, to confront the current regulation with the doctrine conceptions expressed in the matter, as a result the conclusions based on the reflexive analysis and the issuing of recommendations on the subject are issued.

Desafíos del debido proceso penal en la diversidad cultural

Manuel Gustavo Ocampo Muñoa — Fri, 13 Dec 2019 00:00:00 +0000

This document is a reflection on the challenges that the due criminal process faces in the context of the original peoples and communities; scenarios in which cultural diversity becomes an obstacle to access to justice. It is through the intercultural approach of the law that alternative solutions can be found to the conflicts generated within this complexity. It is intended to demonstrate that in the indigenous peoples the construction of the right to due process of law must include intercultural components such as dialogue, respect for differences, diverse knowledge, worldview, mastery of the mother tongue, to guarantee citizenship the maximum enjoyment of their rights and freedoms. The context of the indigenous peoples of Chiapas is used to argue the foregoing, given that at least twelve of those recognized by law and government institutions live in said entity.

Preliminares

Reforma Judicial — Fri, 13 Dec 2019 00:00:00 +0000

Editorial

Reforma Judicial — Fri, 13 Dec 2019 00:00:00 +0000

¿Son internacionales los derechos fundamentales? Estudio sobre la validez, protección y exigibilidad extraterritorial de los derechos constitucionales

Carlos Manuel Rosales — Fri, 13 Dec 2019 00:00:00 +0000

The rights have diverse variables for his application, two of them are: the force and the territory. But what happens with the constitutional laws of the persons when they are located abroad, they must be protected from the same way when one resides in the country or out of the same one, or perhaps these diminish. This work analyzes the validity, the recoverableness and the limits of the fundamental rights of the persons out of the country.

Revista completa

Reforma Judicial — Fri, 13 Dec 2019 00:00:00 +0000

Discurso de investidura como ministra de la SCJN por Yasmín Esquivel Mossa

Yasmín Esquivel Mossa — Fri, 13 Dec 2019 00:00:00 +0000

The Autonomy of Non-Elected Public Bodies and the Nature of Populist Governments

Cesare Pinelli — Fri, 13 Dec 2019 00:00:00 +0000