Iván Gómez Triano
Law and order often confused, even by legal experts, when in reality they are different concepts.
The law strictly speaking, represents the set of conventions that a particular social group, is grants and identify themselves same as valid in a space and time equally consensual. The law formally speaking, presumed to be only one expression.
The safeguarding the first and all that implies in effect, is entrusted to the judge.
Such a statement like it or not, is irrefutable presumption of any civilized society. And, although the state of constitutional law continues to be another goal yearning more and still in process, is the judge to star in the consolidation effort.
is a reality the national justice system is in crisis, corruption, inefficiency, rigidity and other services it is characterized, however, that assertion must be qualified.
Indeed, the justice system has never been purely effective and honorable. Generations of lawyers and ordinary citizens who have been directly or indirectly sense the Mexican political stage named "imperial presidency" are mainly awareness.
justice system in Mexico, basically, is not merely a reflection of the policy formally exercised at the time, from executive.
Thus, in the case of judges, only in the twentieth century is known about these various trends, from the despotic and authoritarian, through its technical and legal developments, until the judge humanist and sensitive, who is required - at least theoretically favors the right and not the law.
In light of the theory it all sounds and smells good, however, as indicated, without generalizing, the political factor has played an active and decisive role when the judges had to decide conflict situations, some with much and others with little social impact .
The judge's only weakness, but other figures of the justice system (police and prosecutors), is the product of a comprehensive system of services, poor policies, either the "imperial presidency" or "parliamentary or presidential partisan .
In this sense, the figure of the judge is not a social aggressor but a victim. Arm of a power that rightly or wrongly bulk makes laws, most laws bureau product. Again: Law does not equal right.
Judging has never been easier nor will it be, for greater guarantees to be granted to the judge or the governor, or to obtain more material benefits both the State or by the mere act of changing the written form to oral is necessary for a true change but in the way of doing politics .
When that happens, the first step will be to strengthen the national justice system, no more budget conscious, but "political budget" . A strong judiciary politically and truthfully autonomous executive, is logical and necessary budget constitutional state of law, even before the simple format change imply that while Democrats and transparency principles are not sufficient in isolation.
And is that even when the pompous state propaganda to the contrary, the independence of bodies responsible for research functions and administration of justice continues to be a pendant.
The reality clearly shows that neither today nor ever the politician, will seek leave "preserves" of power. Then, for the system court from within, strengthening the autonomy and independence.
The possibility seems impossible course, but it is only with strong and independent decisions as judges and other justice system actors may consolidate that change, however, and runs the risk of losing "chamba" .
Without strong judges, the company is subject to the justice of each, to private vengeance, and this is nothing that the law of the jungle , anarchy.
In this context is regrettable that an infomercial , as shown in movie theaters nationwide, promoting a whole system is in crisis and especially humble and lynch the concrete form of judge.
Beyond the theories, the written system prevailing Germanic canon Hispanic, has paid to settle disputes for more than a century is not reasonable for it to think and conclude that all cases ventilated in the same are equally "unfair" to displayed.
latent risk nature of film and mass consumer public tape, often dogmatic and propagate all being sold as truth.
That the current system requires changes to be true.
That the current system "adopted" by virtue and external imposition, it has advantages, it is also true.
However eventually the "new" adversarial system will also suffer their theoretical deviations to be applied, and thus opens the door to "new services" or will they be the same, but adversarial format? The fact that it is exercised easy human-to conclude this, since there are no chemically pure individual and certainly not pure public power.
any political ambitions to control the body in which resides the power of judicial decision, by the natural fear of being in the future, subject to any proceeding before the responsibility for the exercise and administration of power and thus ensure lenient treatment, not to mention simultaneously thereby ensuring the repression of opponents.
Hence, the possibility of a sound system of justice is first and foremost concentrate on consolidating a true independence, which the judge employee ceases to be governor, president, politician and secured it, if you want to economically empower the same, I welcome the opportunity, to end the economic crisis is everyone's problem and not a single government sector.
Pointing the informercial Marcelo Ebrard, says nothing about that judges, police and prosecutors in most courts, working in conditions not necessarily economic boom in many cases and say something with limitations such ridiculous and unacceptable as simple stationery.
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