Alternative Dispute Resolution Mechanisms (MASC) in Hidalgo, Mexico: An initial analysis

• DOI: https://doi.org/10.22533/at.ed.2164142420064

• Palavras-chave: Mecanismos Alternativos de Solución de Controversias, sistema penal acusatorio, justicia alternativa

• Keywords: Alternative Dispute Resolution Mechanisms, adversarial criminal system, alternative justice

• Abstract:

  In the last part of the 20th century, the need to improve the Justice System in Mexico arose due to various signs that showed and evidenced a large number of problems, in form and substance, that did not allow the fulfillment of the ideal of justice described. In the Political Constitution of the United Mexican States, enshrined mainly in Article 17, which indicates that it must be expeditious, prompt, complete, impartial and free of charge (CPEUM, 1917), it would have too many complications for its operational development.
  Within the proposed changes, forms of justice administration were introduced that allow, in certain cases and under certain conditions, to use options that may be processes with short times, or agreements between the parties. Within the latter are the Alternative Dispute Resolution Mechanisms (MASC).
  The investigation aims to identify the way in which the MASC are being used, within the state of Hidalgo, both by the State Attorney's Office and the local Courts, during the period 2016-2021, and thus have a valid reference that allows us to know the real situation of these procedures, which will also allow their comparison with what happens at the national level.
  The knowledge generated, through the use of existing information, will make it possible to have the elements that allow indicating whether the MASC are really contributing to the SPA, in addition to knowing if the impact that is had with the support of these procedures is significant within the System. of Criminal Justice of the country.