The Mexican Supreme Court of Justice invalidates the Law of Internal Security.
st Thursday, November 15 of 2018, the Mexican National Supreme Court of Justice (with a result of 9 votes in favor and 1 against it) officially invalidated the already famous Law of Internal Security. The reason, as the majority of the ministers argue, is that the law was determined as unconstitutional.
In summary, the Law of Internal Security has the purpose of regulating the participation of the Army and the National Navy for tasks of public security and combat against public crime (where the state and federal government should act). This Law was promulgated in December of last year and it was also promoted by the Mexican President Enrique Peña Nieto. However, the Congress did not agree with this proposed law.
The main foundation that supports this position is that, according to the minister José Fernando Franco, this law is "a juridical violation to the security of everyone", and that the National Ministry does not have the constitutional powers to legislate this law, since the only ones with the competence and authority to be in charge of the public security are the Federal Government and the State Governments. In other words, they argue that if this law is allowed, "the original structure would be unrecognizable" in the matters of Public Security.
One of the ministers, Jorge Pardo Rebolledo, argued that this Law was feasible only if several articles of the Constitution were eliminated. However, his fellow ministers did not agree with the proposal and voted in favor.
Alfredo Gutiérrez Ortiz Mena, another one of the ministers, argues that approving this Law would result in the normalization of the intervention of the National Army in the area of public security (where the jurisdiction is not theirs except but a few exceptions). "The faculties of the armed forces have to be delimited with the exceptionality that limits their actions ... and the questions of whether the military can make arrests or searches remain open", Gutiérrez says.
At DEFEND, we are interested in reporting on the important events that are happening in our world, and we want to know your opinion about it.
What do you think about this Law? Are you in favor of the verdict provided by the Supreme Court? Or do you think that this Law is necessary for the security of our country?
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