José María Luis Mora, in one of his speeches on the need for the independence of the Judiciary to be effective, says: “Among all the injustices, the most hateful, the least bearable, is the one committed with judicial forms, on behalf of of justice and by the same magistrates who should administer it ”(The Observer, May 26, 1830).
Two centuries away, surely the founder of Mexican liberalism must be writhing with courage in his grave, since the vices he fought as the nation’s architect remain unscathed.
The trivialization of the law is the order of the day: commit injustices in the name of justice, simulating a correct interpretation of the law, or ignoring the law to submit robotically to the precedent – to what I call “legal corruption” – that does not It is seldom confirmed in the amparo trial by the District Judge and the Collegiate, it is something that happens every day.
Legal corruption also occurs in Congress, making laws in the interests of political groups. For example, when the age was reduced from 35 to 30 years to be a magistrate of the Council of the Judiciary, only so that the PAN politician Raúl Gracia was appointed, by agreement of the PRI and the PAN, as a magistrate of the aforementioned body.
And now, thanks to legal corruption, the also PAN politician José Arturo Salinas Garza, graduated in law from the ITESM, was able to overcome five appeals filed against the Council of the Judiciary and the State Congress, for constitutional defects in the procedure of selection of four magistrates, one of them was precisely Salinas Garza.
A year and a half later, regardless of the harm caused to society, in compliance with the previous agreement between the PRI and the PAN, Salinas Garza is appointed magistrate of the PJE; and, seven months later, the unanimous vote of the magistrates took him to the presidency of the TSJ.
Without thinking about conflicts of interest, Salinas Garza has been jumping from one legal profession to another, a fact that makes it impossible to acquire a professional “identity”; and the lack of professional identity is one of the factors that generates judicial corruption:
Partner of the firm Salinas y Salinas Abogados; public corridor; PAN legal director; delegate in Nuevo León of the Ministry of Economy; legal director of the Los Herreras City Council; local deputy in the LXXIV and LXIX legislatures of the State Congress, and federal deputy in the LXII Legislature.
Without considering that the function of judging requires a particular finesse of spirit and specialized knowledge, which the university does not grant, the apprentice judge candidly says that he knows what he has to do in his new job; that, although it is true that he has only been in the PJE for seven months, there have been others who have been appointed to that same assignment with less time.
Because of the politicians, the crisis of justice in the country is already endemic, something that apparently does not matter to Arturo Salinas Garza. In the 2019-2020 report of the World Justice Project (World Justice Project) the qualification obtained by Mexico on the rule of law index is failing.
The rating ranges from 1 to 0, where 1 shows the highest adherence to the rule of law. No entity reached 1. The highest rating was for Yucatán, with 0.46; the lowest for Guerrero, with 0.33. Nuevo León was in 7th place with 0.43.
But not everything is the fault of the politicians. It is unworthy that in the election of the president of the TSJ all the magistrates submit to the will of the PRIAN. How are the defendants going to believe in the autonomy of the Judicial Power and the independence of the judges if, unanimously, the magistrates submit to political power?
Efrén Vazquez Esquivel