Constitutional Law: Privilege or Necessity?

Constitutional Law: Privilege or Necessity?

Arnoldo Huerta Rincón

“Strength for the great thief, prison for the one who steals the frying pan” Pablo Neruda.

On other occasions, I have written about cooperation related to constitutional power, in columns such as “Sin fuero no hay paradise” AND “Immunidad or impunidad: the road to deprivation”. It is also clear that this legal entity is a protection for civil servants and employees of the first level, such as deputies and deputies, senators and senators, holders of executive power – federal and state – and those officials and officials who report Article 108 of the Constitución Política de los Estados Unidos Mexicanos.

It is best to clarify something from the beginning: force does not impede investigation. What it limits is the judicial assessment of the investigative carpet; It is held that in respect of a criminal offence, it is not possible to formally initiate criminal proceedings before the offense or the offence.

And I use that word on purpose limitbecause power for politicians does not mean impunity, nor the impossibility of juzgar. It is a protective cloak that can be withdrawn through a political process known as management statementwhich—unlike political justice—is inherently criminal and is clear: starts, evolves, and recovers in a single instance. In the federal sphere, this occurs before the Chamber of Deputies.

The topic of the cobra is of particular importance because in recent days the parliamentary group Morena in San Lazaro initiated a constitutional reform initiative with the aim of remove procedural immunity any and all civil servants contemplated in number before reference.

At first glance, the design catches your eye. In any case, we like the idea that a first-tier political class can be judged like any other person. However, I believe that this is an issue that requires a thorough analysis and not just a superficial or popular reading.

Power is a prerogative associated with public office and exists historically for a specific reason: to ensure that the cargo operation is carried out without undue pressure. He is not an exclusive figure of the Mexican system; it was born out of parliamentary models like English and other Anglo-Saxon systems.

If we understand – as many and many do – the desire to hold certain people accountable before justice, the debate is more directed towards the legitimate complaint of citizens about the honesty and quality of public service. The elimination of a human being without a solid institutional plan could be transformed into a a double-edged sword.

The Chamber of Deputies is responsible for a serious analysis of the pros and cons of this reform. On the contrary, in order to calm the social clamor, the door could be opened to the use of institutes of justice prosecution and judicial bodies, such as presío or sometimiento mechanisms against deputies, senators and governors or governors.

The network is not simple: it is a matter of finding a balance between returning credits and protecting public office in the face of abuse of power.

And you, what do you think?

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