THE RARE AND FAMOUS COLLEGE OF JUDGES
By Héctor Arenas Ricárdez
is incredible that a judiciary, the Constitution unlawfully devise a College of Judges of First Instance and Children within the organization Superior Court of Justice of the State.
In the Professions Act, established by the Local Legislator State of Veracruz, the tuition of the professions that our Secretariat Education of the Federal Executive Branch to obtain consent in a different university degree in Mexican territory, officials and individuals. Being a law graduate, Surgeon, Engineer, Certified Public Accountant, as the traditional professions and others that have been sustained by the technological progress, the advancement of civilization and the evolution of our cultures, has opened a range, so that new generations choose the professionalism of activities that once were not reaching the category of specialized higher education and taught in public and private universities.
Well, to be judge, who comes from the Latin root-jus dicere, (The law says) is not a profession, is a public function by one of the branches of government. The judiciary administers justice effectively through the correct application of the law, which gives legal certainty to the governed that they comply with the guarantees enshrined in Articles 8, 14, 16 and 17 of our Constitution.
The Association of Judges, can not it be considered, despite the disguise that is, a union, as this type of association, which is also a constitutional social security was established for the study, improve and defend their interests of the working class. It is not acceptable then, that the judges do their school association to study, improve and defend their interests, as required by Article 356 of the Federal Labor Law.
Judges of the Judiciary of the State, can have no other interest than to serve society Veracruz, in the course of their work as administrators of justice, applying the law without making interpretations sui generis, because there are also rules of interpretation of law which should be secured, using primarily the Explanatory Memorandum which is in the Journal of Debates, the Spirit of the Law, General Principles of Law, the Spirit of the Lawgiver, the Interpretation Grammar, the Interpretation Legal Logic to the Exegesis, the authentic interpretation or constitutional, to the historical interpretation, Teleology and the doctrinal interpretation. The judiciary, then it can only stick to the Organic Law of Judicial Power, as to the formality of its constitution and the codification of laws in the State and Federal enforcing them as to the substantive, and obligate stick in the exercise of their role in the procedural rules and regulations of this law imposes adjectival nature. No interest, much less guild can pass, the rule of constitutional law State and Federal, which imposes strict liability in the discharge of their duties or function. Judges do not hold more right than meet the requirements that the law requires them to be holders of the cap and gown that honors them in society, provided they fulfill their duties in strict compliance with the law.
Nor can there be a civil partnership or civil society of judges, pursuant to the Civil Code of the State as defined in Article 2603, because the meeting of this class of officials, not to imply an end artistic, sporting, scientific, literary, aesthetic, educational, or any other, not against the law and also not have predominantly profit or economic nature.
Under this legal consideration, however much you try, do not fall into the realm of the scientist, because the judges administer justice, not to carry out laboratory research work in the Science of Law, because this activity belongs to other professionals in various branches of science and ordinarily belong these groups, the university sector. If, as Garcia says Maynez, that conduct regulated, can not coexist, as both prohibited and allowed. But while the legal nature of the public role played by judges, is to serve as members of a State Judicial Branch, you can not admit that compared to the highest authority, which is the Full Court of Justice, the Judges of First Instance and Children, are organized through a moral person inadmissible and unlawful also because it is atypical of college, what the union and civil associations.
This would, to the Secretaries of State, appointed by the Head of the Executive, he had in front of the organization of a College of Secretaries of State, dressed up as union or civil partnership to fight him and discuss the penalties that may impose on the poor performance of their duties, or the excess performance of these and even dismissal. How?, Then going to the injunction, as we currently do Judges of First Instance and Minors, because simply they can no longer impose any penalty for its illegal acts, ranging from the corruption involved ignorance or gift and perks that perverts the noble task of administering justice. Exist throughout Veracruz state, judges do not deserve to be, that the performance of their functions leave much to say and not enough respect and consideration of the forums that access to the courts of the State. But there are also, undoubtedly, who have earned, through study, dedication and honest behavior respect of Veracruz society in judicial districts where they have left a good impression of his work.