Mandatory preventive detention in Mexico: contradictions of unconventional constitutionalities

Abstract

This article intends to show the resistance, inconsistencies and contradictions that have charactherized the Mexican Supreme Court with regards to the protection and defense of human rights of the people, in particular, with regards to the constitutional figure called mandatory preventive detention. Furthermore, it presents the parameters developed by the Inter-American Court of Human Rights —via its jurisprudence— about the preventive detention, and it explains the reasons why the latter is unconventional. Last but not least, the article argues in favour of the unconventionality and unconstitutionality of reforms to the Constitution and, additionaly, some proposals are put forward in order to modernize our judicial system.