Abstract

CASTILLO GARRIDO, Salvador. Controlling judges in the accusatory system.  A new organ of constitutional control in Mexico. Cuest. Const. [online]. 2011, n.25, pp.31-57. ISSN 1405-9193.

The author proposes the thesis that, in accordance with a logical and systematic interpretation of article 16, paragraph 14 of the mexican Constitution, the controlling judiciaries within the country's accusatory system, in accordance with their guaranteeing role, should be considered as a new mechanism of constitutional control because, upon protecting the fundamental rights of the accused, the victim, or other persons affected by the crime (such as the inviolability of their home, human dignity, and reparation of harm), they protect not only these subjective rights but also the Constitution itself.

Keywords : fundamental rights; defense of the Constitution; fuzzy control; constitutional jurisdiction of liberty.