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

Banking secrecy, as a fundamental principle in the financial sphere, stands as a mechanism to protect the privacy of individuals in relation to their operations and financial data; however, in the Mexican legal context, this right is violated by provisions such as article 142, section I, of the Law of Credit Institutions, which allow access to banking information without prior judicial authorization.   The request for banking information made by the Attorney General's Office of the Republic to the National Banking and Securities Commission, without the intervention of a judge, constitutes a direct violation of the right to privacy of citizens, this action is based on a legal provision that empowers the authorities to obtain banking information for criminal purposes without due judicial control, thus contravening the constitutional principles of protection of personal data and individual guarantees. The justification for this declaration of unconstitutionality lies in the importance of ensuring a balance between the fight against crime and the protection of individual rights, so it is important to study the constitutional standards that regulate banking secrecy as a subject of study against the provisions of Article 142 of the Law of Credit Institutions.

Property, unlike other freedoms, was protected during the 19th century, this caused norms to be issued for its regulation; due to it simultaneously being a source of income for the Mexican State. During the years 1854 and 1856, legislation was issued to safeguard it, thus the law that allowed expropriation for reasons of public utility or the Provisional Organic Statute of the Mexican Republic. At the same time, there was also the imposition of contributions, such as mortgages or property taxes. A significant breakthrough was the confiscation law for both rural and urban properties, by civil and ecclesiastical corporations due to its general tendency to limit it. Nevertheless, during the reform movement there was a tendency to favor private property, in comparison to the Santanista dictatorship which made no difference in terms of modalities; Yet, except for the regimes, an attempt was made to guarantee and promote it.

Migration in Mexico is a complex phenomenon that presents significant political, sociological, and legal challenges. Among the most pressing challenges is the defense of migrants' human rights through the filing of indirect amparo trials against the unlawful detention by immigration authorities and deportation, where the Federal Judiciary plays a crucial role in their protection. The general objective of this study is to analyze how litigation in migration matters unfolds in Mexico and the challenges faced by litigating lawyers. The methodology used is based on a descriptive approach through analysis-synthesis. In conclusion, I emphasize the need to strengthen institutional mechanisms to achieve a more effective protection of migrants' human rights and consolidate the Rule of Law in Mexico.

In this paper, the basic outline of the research process will be developed based on the pairing of the structure of the research protocol with the steps of the scientific method, which will allow the jurist and the legislator to be guided more easily in the complex path of the investigation. The approach to the methods, techniques and justifying content used in legal science within social research processes to be able to project legislative products will be addressed in a new way. It is not intended to be repetitive of what has already been said or written in various texts, in fact some traditional concepts will be followed but with applications in legal science.

In this paper, we propose an interdisciplinary perspective to address the issue of conscientious objection among healthcare professionals in the context of ruling A.I. 54/2018. Our hypothesis is that the content of this ruling becomes a source of law which, while not being the letter of the law itself, revitalizes a legislative discussion that had been stalled between seemingly irreconcilable positions by establishing a characterization and limitation of conscientious objection in relation to the right to access healthcare services. Throughout this article, we will explain the role of the ruling within the current legislative debate, how the scope of the right to conscientious objection can be explained through the theories of Borowski and Wellman, and we conclude with the influence of authors such as Giubilini on the position of the National Bioethics Commission, proposing Card's perspective as a novel approach to this problem.

This paper aims to provide an overview of the double relationship between artificial intelligence and law: artificial intelligence applied to law and the law of artificial intelligence. It consists of three main blocks:1) a brief history of artificial intelligence;2) the issues of AI and the exposition of some developments in the top-down and bottom-up approaches that show why AI should be considered a new area of the General Theory of Law. The third section deals with the dangers of AI, with special emphasis on the risks to democracy, peace and freedom. The paper concludes with a brief consideration of ethics, law and AI and ends with a short reflection on the need to reinvent law to meet the challenges of AI.

Es licenciado y doctor en derecho por la Universidad Nacional Autónoma de México, especialista en habilidades docentes por la Universidad Anáhuac, maestro en derechos humanos y democracia por la Facultad Latinoamericana de Ciencias Sociales y doctor en Justicia Constitucional y Derechos Fundamentales por la Universidad de Pisa. Dentro de su actividad profesional se ha desempeñado como asesor en el Consejo General del Instituto Federal Electoral, Visitador Adjunto en la Comisión Nacional de los Derechos Humanos y asesor adscrito a la Secretaría General de la Cámara de Diputados del H. Congreso de la Unión. Es autor de diversos libros y artículos en obras colectivas y revistas especializadas de México y el extranjero. Actualmente es integrante del Sistema Nacional de Investigadores y profesor titular de tiempo completo en la Facultad de Derecho de la Universidad Nacional Autónoma de México, donde funge como Director del Seminario de Derecho Constitucional. 

This Article analyzes US and EU legislation comparatively to point out problematic areas in the 2018 and 2020 Mexican reforms regarding non-traditional brands such as smells and sounds. These reforms produced two significant changes related to the concept of trademark and the categories of signs that can be registered in Mexico.

Esta obra cinematográfica narra la historia de Paulina, una joven abogada, que renuncia a seguir con sus estudios doctorales, por seguir el ideal de “modificar la vida de alguien” y opta por ingresar a un programa de enseñanza sobre derechos en una escuela para adultos de una comunidad rural argentina. La trama se desarrolla en una selva de tierra roja en la que el director expone la pobreza, la ignorancia, el abuso, la desigualdad, la falta de servicios y un sinfín de precariedades en las que vive esa población. Paulina imparte sus clases con profunda vocación, mientras el grupo se comporta hostil y poco interesado en los temas.

This research is focused on the Intellectual Property flexibilities allowed by the United States-Mexico-Canada Agreement, based on the Trade-Related Aspects of Intellectual Property Rights. Once the USMCA margin of action is established, IP balancing measures are proposed, in order to make compatible exclusive rights, free competition and fundamental rights. The proposed measures are intended to exemplify the flexibility that countries like Mexico could have, despite the high standards of IPR in trade agreements.