The structure judicial It is made up of three fundamental sectors: the laws that define criteria of justice; ministers, magistrates, judges and public ministries who judge; and the legislative power that defines the laws of law. The Judicial reform of President López Obrador and President Sheinbaum Pardo It remains only at the level of those who have in their hands the application of the justicebut on laws that continue to respond to the objectives of the old PRI regime.
Even if the reform initiative without correcting a single comma – and with the understanding that the jurists have deified the comma in their written texts–, the application of the Constitution and of the laws that emanate from it, record without hiding objectives that do not meet the original criteria of the justice: balance the justice sense of the laws.
As it stands, the judicial reform can help a little change elitist orientation of the accusers and judgesbut in the end the Constitution and the laws are based on the principle that only what is authorized should be applied, leaving the interests, meanings, to the discretion of the judges. social and elitisms. Many complaints have accumulated from ministers of the Court have decided based on the Constitutionbut based on interests outside of society.
President Lopez Obrador has encountered the reality of the interests of the judicial elites: by operation of law, the current president has been given the responsibility of proposing and approving five of the eleven ministers, a number that would imply a minority sufficient to block the majority of eight that require major decisions of the plenary session because the remaining six, for example, do not allow the approval of constitutional controversies or unconstitutionality actions. However, at the time of the political operation inside the plenary session, the president first lost the vote of José Luis González Alcántara and Ana Margarita Ríos Farjat and now he is meeting Loretta Ortiz Ahlf – wife of his main builder – opposes presidential judicial reform; Therefore, in plenary votes, the president only has the votes of Yazmín Esquivel Mossa and Lenia Batres Guadarrama, leaving the majority of eight to block him.
This realignment of votes for ministers could continue if the next nine ministers – they will no longer be eleven – are elected by votes of society, with the aggravating circumstance that even outside of presidential proposals and senatorial votes that define the ministers until now, the new officials of the Supreme Court will have to apply the constitutional laws, and from now on it could be foreseen that even without the presidential proposal and emerging from popular anonymity, the ministers will have to decide on those laws and not on loyalties.
Judicial reform was necessary, but the opportunity to turn it into a true legal revolution of the State was lost; That is to say, before modifying the configuration of judges, magistrates and ministers, the content of the Constitution must have been changed, especially because in criminal matters the restrictive areas of exclusivity of the State and the transfer of legal sovereignty to international courts will prevail for reasons of the Free Trade Agreement that President Salinas de Gortari signed based on his neoliberal thought and economic policy, with the support of the dominant PRI parliamentarism.
Foreign investors are manipulating panic-stricken language under the assumption that the reform will impose judges, magistrates and ministers approved by the 4-T, but knowing that the current laws ceded the control of decisions to the interests of foreign investors and diluted the sense of the leadership of the State that is marked in the Constitution but that the neoliberal State has simply disdained.
In reality, regardless of whether they come from – presidential voluntarism or the popular charge -, the officials of the Judiciary will have to apply the current laws that were written to benefit the powerful, the owners of the means of production and the Foreign investors. And if by chance some new judges, magistrates and ministers put on the people’s robe to benefit the people, the international courts that dominate Mexican constitutional laws will apply the golden rule that the powerful are the ones in charge.
So judicial reform should be the first step in a truly comprehensive reform of justice.
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