BREACH OF THE CONSTITUTIONAL ONE ARTICLE IN THE JUDICIAL AND LEGISLATIVE FIELDS

Abstract

This paper analyzes the lack of observance of the constitutional one article, especially between pro personae and progressivity principles established since june 10, 2011, when the constitution was reformed about human rights system. Even though the pro personae principle, means act always in favor to the persons; and the progressivity principle recognizes new rights and the no regressivity of the rights recognized previously; in this study we exposes that the mentioned principles have been violated in the judicial and legislative fields, for this reason we analyze two cases: the resolution of the conflict jurisdictional argument in the thesis 293/2011 resolved by the Supreme Court of Justice and the configuration of the unconstitutional declared effects in the new “Ley de Amparo” from april 2, 2013.