Abstract

CAMACHO ORTIZ, D. A.. Access to Justice: A Likely Zahir in Mexican Jurisprudence. Cuest. Const. [online]. 2023, n.48, pp.37-69.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18035.

Although the expression "right to access to justice" is part of no relevant Constitutional article or Law, its use in Mexican mandatory interpretative criteria has risen. This paper analyzes the Florence Project as an antecedent of this phenomenon and looks for signs of its influence in 191 jurisprudence criteria enacted between 1994 and July 2019. This influence is confirmed in Mexican Jurisprudence regarding the recognition of judicial duties against formalism. However, it is considered almost irrelevant in making the Amparo more accessible to people or in upholding access to justice as a social right. Finally, it is stated that if understood as a right "to a just and egalitarian resolution of controversies", access to justice might be considered similar to a Zahir in Borgesian terms.

Keywords : right to access to justice; concept; meaning; conceptions; interpretative criteria; precedents; Supreme Court of Mexico; Florence Proyect; Cappelletti.

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