Resumo

GOMORA JUAREZ, Sandra. Binding Case Law and Principle of Legality in Mexico: a Complex Relationship. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.155, pp.799-839.  Epub 28-Fev-2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.155.14949.

This article argues that the momentous constitutional reform of 2011 in the field of human rights, which is referred to as “the paradigm shift” in Mexico, is unable by itself to overcome all the obstacles of a legal order whose practices remain anchored to the 19th century. Therefore, this paper analyzes our conception of legality in administrative matters and suggests moving to a more robust legality while inviting us to rethink the configuration of binding case law. These mechanisms will contribute to an effective protection of human rights in Mexico.

Palavras-chave : Principle of Legality; Case Law; Human Rights; Administrative Authority.