17 Nov Medios De Control De Legalidad En Mexico
As is well known, the content of article 133 of the fundamental norm has been systematically reinterpreted, taking into account in a transcendent way the obligations of the authorities contained in article 1 of the Constitution itself, in order to establish that the need for simultaneous diffuse control of the Constitution becomes indispensable in order to make the review of conventionality automatically feasible. Indeed, the two control mechanisms are twofold, since the forms of regularity of the Constitution continue to focus on amparo, constitutional controversy and unconstitutionality, so that the norm is invalid; And now, the diffuse form, in which all judges at all levels have the power to justify an absolute and irremediable unconstitutionality of the norm in extreme cases, justifies its non-application in the specific case. The importance of collective action as a set of defence mechanisms for society lies not only in the existence of established procedural means, but also in the cause that protects them, namely consumer rights and environmental protection, rights common to all, because we are all consumers and we are all exposed to the environment. Moreover, it has ceased to be an exclusive task of the judiciary of the Federation, through the amparo process and other concentrated mechanisms of constitutional control, in particular the abstract action of unconstitutionality and constitutional controversy. On the other hand, the control of conventionality, which is carried out ex officio, is generally entrusted to all judges at all levels and in all ways exercised before them and is therefore diffuse; But also from the constitutional reforms in the field of amparo and the entry into force of the amparo law, we can say that there is a concentrated and direct control of the content of the provisions of international origin through the Amparo channel. This means of control is understood “as a procedure for reviewing constitutional regularity submitted in the form of a trial before the Supreme Court of the Nation” and is supported by article 105, section I, of the Political Constitution of the United Mexican States. Luz Elena Orozco, Secretary of Studies and Account of the Supreme Court of the Nation and specialist in security issues, divides them into three main categories of conflicts: In this way, the exponential expansion of human rights control mechanisms, i.e. the control of the constitution and the control of conventionality, both in a diffuse and concentrated way, is attempted, Transmitting justice under a humanistic vision. Means of constitutional review are legal means of enforcing the articles set forth in our Magna Carta of 1917, including all its reforms enacted by the legislature. The latter is defined by the National Human Rights Commission (CNDH) as “a control mechanism that serves to expel from the legal order general norms that contradict the Constitution or international treaties to which our country is a party”.
Thus, on the occasion of the request for amendment of Case Law 22/2011 requested by the then Prime Minister, Juan Silva Meza, it was stated that case law 73/1999 and 74/1999 (which indicated that the Constitution did not allow for diffuse control, since it was exercised exclusively by the judiciary of the Federation, on the basis of the interpretation of Articles 103, 105 and 107) were obsolete. This allows for diffuse control of the Constitution. Today, there is no doubt that since the reform of human rights, the paradigm has had a serious impact on the form of legal analysis. Legality today cannot be seen as an isolated or independent matter of constitutional regularity. Thus, it has imbued the values and principles of the Constitution in norms of a secondary nature. At present, however, we can speak not only of a constitutionalization of the order, but also of a conventionalization of it. The catalogue and protection of human rights have been expanded on the basis of the new formulas established in article 1 of the General Constitution of the Republic. We have achieved the recognition of human rights and guarantees for their protection, both in the Constitution and in the international treaties to which the Mexican State is a party; the explicit establishment of methods of interpretation, such as interpretation within the framework of the Constitution, human rights treaties and the principle pro persona; and the requirement for all public authorities, within their competence, to promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility and progressiveness, the purpose of which is precisely the fullest protection of the individual; the long-standing concept of “individual guarantees” has been outdated; and “human rights” were introduced. II.
Collective action in the narrow sense. It is an indivisible entity exercised for the protection of collective rights and interests held by an identified or identifiable community on the basis of common circumstances, the purpose of which is to obtain from the defendant judicial compensation for damages caused by the performance or non-performance of one or more acts, and coverage for individual damages to which group members are entitled and which results from a common legal obligation. between the Community and the defendant. In June 2011, the amparo process stopped protecting individual guarantees through constitutional reform in order to protect human rights now. As explained in other articles of this platform, the amparo process is divided into two parts: indirect amparo and direct amparo, supported respectively by article 107 of the Amparo Act and article 107 of the Amparo Act. Article 170 I thank Contacta Abogado for the opportunity to write this article and share my knowledge with our readers. Just enter, search and contact! Consumer recognition and protection, which has been developed for several decades exclusively by the Federal Office for Consumer Protection as a specialised ombudsman in this field, is now being extended by bodies empowered to call on manufacturers, manufacturers, distributors and sellers, in particular through a greater number of bodies, such as citizens` associations and common representatives. In this sense, I would like to focus this article on two triggering issues: the Attorney General of the Republic, for his part, will be responsible for federal laws “and federal units in criminal matters and criminal procedure, as well as those relating to the scope of his functions”. All proceedings of unconstitutionality are brought before the plenary of the Supreme Court of the country to denounce the contradictions of laws, decrees, ordinances or treaties that violate the constitutional articles and their ongoing reforms.
Its most important precedent dates back to 14 September 2006, when it was published in the Official Gazette of the Federation that the National Human Rights Commission has the power to sue the Supreme Court of the Nation (SCJN) for the invalidity of general norms which, according to it, violate human rights. Since then, and through 2019, the panel counted a total of 273 prosecutions. These exist in accordance with the provisions of Article 581 of the Federal Code of Civil Procedure: there is no doubt that the institution of representative actions poses challenges and that there is an urgent need to define a legal content in order to make representative actions operational. Collective action in environmental matters is becoming increasingly important in that it enables the Community, whether determined or diffuse, to demand and demand not only the protection of natural resources but also the adequacy of the common area; For example, the environment or street furniture that is consistent and user-friendly for the elderly or people with disabilities. Thus, we are witnessing a constitutionalization and conventionalization of the entire order, which strives to harmonize with the essential objective of any constitutional and social constitutional State, the maximum protection of human rights, for the best and most peaceful way of life in society. Olga María del Carmen Sánchez Cordero Dávila is a retired minister, constituent deputy and notary 182 of Mexico City Constitutionalization and conventionalization of the Order This is considered the most important means of defending the rights of the individual, especially against the authority of legal systems, norms and actions that may violate the human rights of individuals; This is a guarantee for all Mexican citizens. Well, the question that will certainly be the subject of different interpretations and extreme care on the part of the judges will be that relating to the effects of a possible award of amparo. However, this will be somewhat casuistry, because that will be the subject of the question in each specific case, but always seeks the protection of human rights, with the legitimate aim of respecting and protecting them, an objective that any rule of law must pursue.