Razonabilidad y criterios sospechosos. el análisis de constitucionalidad de las normas que parecen violar la prohibición de discriminar en México

Abstract

This work analyses the methodology used principally by Supreme Court of Mexico to resolve issues related to the right to equality and prohibition of discrimination. The basic question which is intended to be answered is: What is the legal logic used for construction of legal arguments in these types of cases? It shows that in several occasions the sentences have been constructed by a free form, while others used the judgment of reasonableness or a strict scrutiny. In another category of sentence rights deliberation was realized to resolve the case. This brings us to a conclusion that the Supreme Court of Mexico lacks consistency in its thesis of the above mentioned matters.