Resumo

PELAYO TORRES, María Candelaria  e  LOAIZA MARTINEZ, Alberto. The Authorized Officer's Capacity to Reinstate Police Force Members Following a Weighted Assessment. Bol. Mex. Der. Comp. [online]. 2014, vol.47, n.140, pp.521-545. ISSN 2448-4873.

Due to the existing climate of violence, corruption and public insecurity, the Constitution was amended to stop police forces' members from being reinstated in their jobs despite having obtained a judicial decision proving their dismissal was unfounded. This amendment was adopted in order to Streamline the police forces but it ultimately affects other constitutional rights and principles such as police forces members' careers and their professionalism. Based on the use of a weighted assessment or a proportionality test, this article proposes an alternative application of the constitutional reform to satisfy the enforcement of the will of the constituent and to avoid unnecessary or disproportionate action against the police forces' above-mentioned fundamental rights.

Palavras-chave : Police Forces Careers; Streamlining of the Police Forces; Weighted Assessment; Proportionality Test; Reinstallation of Members of the Police Forces.