JURISPRUDENCE BY MANDATORY PRECEDENT, THE CHALLENGE OF THE SCJN: DETONATE THE «CONSCIOUS REASONS» OF THE ADR 8287/2018 TO ERADICATE VIOLENCE AGAINST WOMEN, FROM THE CENTER OF THE LEGAL SYSTEM

Abstract

The nascent mandatory nature of Precedent established by a judgement submitted by the Supreme Court (SCJN) from the centre position within the legal subsystem occupied by Courts, is analysed as «communication» that builds the legal universe, guides legal thinking, and is produced by legal argumentation developed at the present time, in which the Precedent is taken as «the chosen» alternative opened towards future. In this way, the challenge for the SCJN is how to detonate the «conscious reasons» of the judgement ADR 8287/2018 —pronounced before Precedent was compulsory— in which the concepts and arguments that make up its ratio decidendi laid the foundations for the creation and execution ipso facto of real mechanisms that tackle prevention from its origin and, therefore, could eradicate gender violence. Undoubtedly, this fact shapes the legal system towards a systemic evolution: the construction of an institutional design of a post-patriarchal or female egalitarian-cosmopolitan society.