Conforming interpretation: Trends in its application by Mexican Courts.

Abstract

One of the trends in legal interpretation by Mexican courts, especially in human rights, is currently the conforming interpretation. This branch of the reform of June 10 of 2011 to the first article constitutional. The reform seeks to maximize the protection of human rights contained in various legal codes and international treaties. In this work we have general objective investigate and reflect on the duty of "conforming interpretation", to which we have to answer the following questions: such duty of conforming interpretation or not existed prior to the addition to the article first constitutional reform of the 2011? If so, we have to answer the question what are the current trends in this type of conforming interpretation, since the reform of the 2011? To achieve our overall objective and answer the questions we will do analysis of some cases resolved by Mexican courts, in particular from case law criteria. Given the nature of our object of study, the methodology will be basically hermeneutics, taking as starting point the legal discourse reflected in official documents published by the Supreme Court of Justice of the Federation, what technique will be documentary. The contribution that proposes this work, is make visible the direction that has taken recently it conforming interpretation as, in the resolutions of the main interpreters of the law in a country, the judges.