Abstract

FONDEVILA, Gustavo. Ambigüedad social y moral pública en las decisiones judiciales. La ventana [online]. 2009, vol.4, n.30, pp.47-86. ISSN 1405-9436.

This article analyzes the connection between law and morals in the context of sexuality in general and female prostitution in particular, through the examination of sentences pronounced by Federal Courts. Against a traditional trend in Mexico to interpret laws literally, judges in this matter take decisions based on their own sense of morals. The sum of resolutions allows for the identification of a particular ideology of the judicial system developed around two fundamental assumptions: prostitution is a licit yet iniquitous activity that generates social rejection, and judicial decisions should reflect this sentiment and protect it, even from legal dispositions. In this way, the judicial branch becomes both the guardian of the moral principles of society and its most severe judge.

Keywords : Prostitution; sexuality; morals; judicial resolutions; judicial ideology.

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