Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The right of access of justice is considered a human right, since within the legal system that governs the State, such access is an indispensable budget and gateway to the realization of other rights of the same nature; also, this right, as it is recognized in the Political Constitution of the United Mexican States, in the different international treaties to which the Mexican State is a party, and in the different laws, such as; the Federal Law to Prevent and Eliminate Discrimination, the General Law for the Inclusion of People with Disabilities; it constitutes a limit to the discrimination of persons with disabilities in Mexico. However, it cannot be ignored that the content of this prerogative is very broad and may vary from the perspective from which it is analyzed.

The accusatory criminal procedure system took effect in 2016; its principal objective was to “solve disputes with a time and resources economy”, in an efficient, transparent and human way; in contrast with the inquisitive system, which promoted the “opacity and corruption, being also slow and expensive.” Nevertheless, the new system’s benefits have not been accomplished, since an increase in the requests for preventive prison is observed in Mexico City. Therefore, preventive prison becomes a procedure rule more than an exception. This research starts from a historical and documentary methodology, set on a qualitative and quantitative technique, based on the phenomenological study of cases through interviews with the victims of crimes, to explain if the phenomenon of the rise of preventive prison comes from the perception of citizenship about it as a way of getting justice through vengeance.

In this study, the scope that the principle of proportionality has had in the Mexican legal system will be presented, through the criteria of the Supreme Court of Justice of the Nation, identifying its application technique and its consequences in the resolution of national legal problems. In order to identify the difficulties and challenges that the application of the proportionality test in the constitutional jurisdiction has implied; to demonstrate the need for legislators to apply the proportionality test when justifying restrictive rules, so that the Constitutional Court can analyze the validity of the rule through the will of the legislator and not be distorted by mere errors of legislative technique, achieving the balance required in a democratic republican state.

Posthumous dignity is a not new concept, but it has been taken up again, among other events, by the Covid-19. It is based on the Kantian concept of human dignity that was taken up by various international instruments and hence permeated the constitutions and laws of some nations. However, in our legal system and in others, we do not find express provisions that prevent people from being objectified after their death, so that their personality can be affected by various disrespect. Therefore, posthumous dignity is a human right that protects, among others: identity, image, personal data and other attributes of the personality that are modified (not extinguished) with death.

The main purpose of this essay is to expose the main proposals generated through the development of the master ́s thesis entitled The violation to the human right to social security in its pension terms, in Mexico City, in the period 2012-2019. It has been analyzed the historical context within which the social security systems have been affected, and which are the one that have originated the development of labor flexibility, within which outsourcing is found. Considering the scope of international regulations, and the situation of national regulations regarding working life in México, proposals are in accordance with international instruments, and that represent an adaptation of regulations to the daily reality Mexican worker.

The general approaches in this paperwork are about: a) How do judges in Mexico interpret the law and the meaning in their resolutions? b) What is judicial activism, and how can it be implemented through the principles of indivisibility and progressivity? c) How is their impact and incorporation in Mexico.

Editorial de la revista especial de la FES Acatlán

On september 15, 2004, the decree that amended and added various provisions of the new penal law for the federal district was published in the official gazette of the federal district, among which article 163 bis of the afore- mentioned ordinance was added. Substantive, thus giving legal life to what we currently know as the crime of “express kidnapping”; this addition, what’s more to generating various problems of interpretation to have the aforementioned criminal figure as proven, led to the mitigating amendment of spontaneous release that is envisaged for the crime of kidnapping, not legal to grant it given the wording of the article where it is contemplated, since the numeral in which the description of the express kidnapping was added, breaks in and prevents the granting of the modification indicated when it is entitled to it.

The article aims to analyze the degree of intervention of the traditional powers in the designation of the members of the governing bodies that the autonomous government agencies. The variables that will be used to achieve the objective are the designation process and the eligibility requirements. Our hypothesis is that the traditional powers have interference in the appointment of the members of the governing bodies of the autonomous constitutional bodies through the relationship that exists between eligibility requirements and forms to designation. These two variables are elements that are part of a specific institutional design of autonomous government agencies. The research focuses on the debate on whether it is pertinent that each autonomous government agencies has its own form of designation and eligibility requirements for the appointment of his members or there must be homogeneity.

Todos y todas somos parte de una sociedad dinámica y diversa, es decir, que está en un constante cambio, progresando, y que al mismo tiempo realiza avances en diferentes ámbitos y de diferentes maneras. La Revista del Posgrado en Derecho de la UNAM se ha caracterizado por ser un espacio de difusión de ideas e investigaciones, siempre de vanguardia pues sus autores, reconocidos académicos del Derecho, desde diferentes ramas y perspectivas han estudiado al Derecho en sus variadas manifestaciones: teorías, leyes o casos específicos, llegando a crear sus propias propuestas. Así, en este edición de la Revista se continua con esta labor que se ha venido realizando desde hace años, siempre trabajando por la calidad y la periodicidad. Este número resulta ser trascendente por muchas razones, en principio por constar de dos tomos, pues contiene 20 trabajos producto de la pluma y pensamiento de distinguidos académicos y académicas, que con sus aportaciones han enriquecido invaluablemente a esta Revista, lo que también reitera el progresivo crecimiento de esta y el aumento de interés de los académicos para acercarse a la misma, conocerla y publicar; a todos ustedes les agradecemos por su confianza. Sin más preámbulos, me permito presentar cada uno de los artículos que integran este número.