The protection law is interpreted, says federal judge

Now Judges must analyze the legal framework of the authorities to which they are ordered to comply, to avoid excesses or confusion, said Rogelio Eduardo Leal Mota, second district judge in Yucatán, when giving their opinion on the compliance of the sentences with the reform to the Protection Law.

“The truth is that sometimes they acted excessively and linked themselves to many authorities (…) who had nothing to do with it,” he commented in an interview with the Diario.

In addition, aspects that worried judges were eliminated, such as the possibility that fines imposed on public servants would be absorbed by the institutions. That “made the authorities comply,” the judge explained, and with the original reform that pressure could have been lost.

One of the most noted fears in the first versions of the reform was that legitimate interest would be restricted, which would have affected civil society organizations that promote collective protections. However, that point was softened, he explained.

“The legitimate interest remained (…) it even says that it is individual or collective,” said the judge.

The requirement for a “current affectation”, and it remained as an affectation “real and differentiated”which was already in previous jurisprudence. “I think that pays a lot.”

Regarding the issue of retroactivity, included in a temporary item, and that has generated controversy, Leal Mota indicated that this is one of the aspects “that is making a lot of noise.”

One of the strongest criticisms of the reform is that it represents a threat to the rule of law and favors authorities over citizens, but Leal Mota believes that this is not entirely true.

“The law is interpreted. It will be up to the judges themselves to interpret it so as not to harm the defendants,” he emphasized.

There are points that may be controversial or worrying, he acknowledged, although he insisted that it is a “balanced” reform.

“I wouldn’t dare say that it has more good than bad, but at least it is balanced and it is not causing us harm by leaving us in a state of defenselessness,” he said.

Notifications

Yesterday we published that the federal judge considered that one of the most obvious and positive changes is the digitalization of notifications, which will not only speed up processing, but will also reduce delays that today prolong trials for weeks or months.

Despite the polarized discourse, the lawyer Leal Mota remembered that The final version of the reform is different from the initial proposal, that it did contain measures that “cut the teeth of the amparo trial.”

Thanks to the last minute changes, he stressed, several of these aspects were removed, preserving the possibility of effective defense.

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