The SCJN and its series of misdeeds

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By. Jose C. Serrano

Ilán Semo Groman is a researcher, academic and historian from Humboldt University in Berlin, Germany. He has postgraduate studies at the Faculty of Political and Social Sciences of the National Autonomous University of Mexico (UNAM) and a specialty in Contemporary History from the University of Chicago, United States.

Ilan Semo He is a professor-researcher in the Department of History of the Universidad Iberoamericana (UIA), where he teaches the courses of Historiography of the Enlightenment, Contemporary History of Europe and History of Mexico in the 20th century.

He has been a professor in various postgraduate programs in Mexico and the United States and has served as a visiting researcher at the University of California (San Diego) and the University of Chicago, United States; He also at the Latin American Faculty of Social Sciences (FLACSO).

He was postgraduate coordinator in the Department of History at the UIA and member of the Postgraduate Technical Council at said university.

He is the author of numerous articles and academic texts. He has published the following books: The decline of myths, The interrupted transition, The wheel of chance, Divided memory and The postulation of the past. Run the magazine Fractal. He also participates as a member of the Editorial Board of the UIA History Department.

Last Thursday, September 28, he published in the newspaper The Dayan article that addresses the history of the division of powers in Mexico, which dates back to the Constitution of Apatzingán in 1814. It defines said division as the guiding principle of the functioning of the State.

Master Semo says that, during the Porfiriato, the presidency turned the Legislative and Judicial powers into agencies for processing its own needs and follies. Diaz He was a dictator, among other reasons, because of the subjection to which he subjected the different powers of the Union.

In 1929, with the formation of the National Revolutionary Party (PNR), considered the only state party, transformed in 1938 into the Party of the Mexican Revolution (PRM), antecedents of the current Institutional Revolutionary Party (PRI), born in 1946, which He had a long reign in which the style of doing politics was similar to that of the Porfiriato: he transformed the Legislative and Judicial powers into annexed offices, an extension of the Executive Branch.

Since 1988, parliamentary democracy in Mexico emerged from the underhistory of the left. Since then, no president has managed to govern without the questions, challenges and dissent of the Legislative Branch. In those same years, the trajectory of the Judiciary was more sinuous. With difficulties he was able to overcome the subjection imposed by the presidents of the technocracy until 2018.

In current times there is aopen confrontation between the Executive and Judicial Branches, which shows that achieving the division of powers has never been an easy task. This, undoubtedly, due to the conservative bias of the Supreme Court of Justice of the Nation (SCJN).

It should be said that the issue is not only about that bias, but about theperformance of the SCJN against organized crime, whether by direct decision or, endorsing local courts, the trend is unanimous: time and time again the Court protects criminals. It does it in multiple ways.

Guardian and Jenaro Villamil have compiled a list of 20 cases with flagrant violations of the constitutional order by the Judiciary: criminals enter prisons through one door and are exonerated after two or three weeks through the next door; They seize small planes loaded with narcotics and, shortly after, they return them.”

Each of the judges that make up the SCJN has a history full of misdeeds (recently, it was discovered that one of them had hidden for months a file in which he was forced to Ricardo Salinas Pliego to pay 25 billion pesos for tax evasion).

“The dilemma is that, by its nature, as a constitutional court, there is no power to monitor, control and sanction the decisions of the SCJN. That is to say, those increasingly dubious prelates are the judge and part of their own actions.”

In a solvent republic, someone has to have the power to judge judges, in order to avoid the vicious circle of judges protecting criminals and criminals corrupting judges.

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