Since the emergence of the first Federal Constitution of Mexico, the Legislative Power has failed to allow the evolution of law in the country. If normative deficiencies are not corrected and the role of the Judicial Power as a guarantor of constitutional balance continues to be ignored, Mexico will remain a country where laws are created at the convenience of those in power, regardless of the consequences for justice and the rule of law.
There are numerous judicial criteria, isolated theses, and jurisprudences that have come to remedy the gaps and inaccuracies in Mexican laws. However, the Legislative Power has acted irregularly, as in the case of the reform of article 19 of the constitution, where it attempted to disregard what was established by the highest judicial bodies and international authorities.
Once again, the Judicial Power has had to intervene to correct the negligent, arbitrary, and senseless actions of the Legislative Power, which at times has tried to impose legal figures that violate human rights, ignoring national and international resolutions and judicial criteria.
In the specific case of the new Oral and Accusatory Criminal Justice System, derived from the 2008 penal reform, the importance of the Legislative Power legislating with knowledge, responsibility, and a vision of the State has been evidenced. For example, on the issue of preventive detention, the Judicial Power has attempted to prevent its arbitrary use by the State.
The current reality shows that the Mexican Legislative Power has neglected its main function of legislating adequately. There have been constitutional reforms that have generated deficiencies, inaccuracies, and legislative gaps, despite attempts to modernize the criminal justice system and guarantee human rights.
Instead of improving legislation to protect citizens, many reforms have resulted in injustices and arbitrariness. The Mexican constitution continues to be plagued by inconsistencies due to improvisation and the partisan interests of legislators.
Although the Legislative Power has been used as a political instrument, the Judicial Power has had to intervene to correct these failures. It is necessary for the Congress of the Union to resume its function of reforming and creating laws with technical rigor, for the benefit of Mexican society as a whole.
