La sentencia de Amparo Indirecto 355/2021 emitida 41 por la Suprema Corte de Justicia de la Nación en relación con la prisión preventiva oficiosa

Abstract

When the Court carried out the study to resolve the indirect amparo trial number 355/2021 regarding informal preventive detention, it took up the criteria of several international organizations that have expressed their disagreement with the continued implementation of this legal figure in our country, for violating the human rights of presumption of innocence and personal freedom. For this purpose, he made an argument contrary to the current jurisprudential criteria and the first article of the Constitution, which are explicit in establishing that if an express restriction appears on the exercise of human rights, what is indicated in the constitutional text must be respected