Abstract

SERRANO MORALES, Víctor Hugo. Mexican democratic constitutional state before the implementation of the pilot test of the vote of people in preventive prison 2021. Cuest. Const. [online]. 2021, n.45, pp.339-367.  Epub May 09, 2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2021.45.16666.

On February 20, 2019, the Mexican Constitutional Electoral Court resolved the lawsuit for the protection of the political-electoral rights of the citizen (JDC) SUP-JDC-352/2019 and accumulated, action presented by Human Persons identified as “Actors” Guadalupe Gómez Hernández and Marcos Ruiz López. From an evolutionary interpretation, the Constitutional Court recognized the inexistence of any mechanism that will guarantee active voting to people in preventive detention. Jurisdictional decision of erga omnes effects, which, on the one hand, obliges the electoral administrative authority to implement the pilot test “People in Pretrial Detention”. On the other hand, it orders to give a view to the federal and local permanent Constituent respectively, in order to assess constitutional and legal changes in the matter.

Keywords : Right to active vote; constitutional court; democracy; Human Person; indigenous.