During the session of plenary Thursday, in which entry was given to the study of the action of unconstitutionality introduced by the National Commission on Human Rights (CNDH) against the reform of Article 133 Quater, the Federal Code of Criminal Procedure and 16, section I, paragraph D and 40 bis of the Federal Telecommunications Act, four of the 11 ministers were in favor of endorsing the constitutionality of these amendments.
The CNDH considered that these reforms violate human rights of individuals, as they are contrary to sheltered in the Constitution of the United Mexican States and international treaties to which Mexico is a party.
Minister Beatriz Luna Ramos, who presented the draft judgment, argued that the articles did not violate the right to privacy and PGR exercise that power mobile phones and not people.
"He's not asking for the location of the person, nor is saying that through this intervention communication is achieved, not even the call log, which is being asked is that the mobile device which will locate have come certain calls, which may be or tend to commit a crime. So this is not invasive of privacy, "said the Minister.
A proposal ministers have joined Jorge Mario Pardo Rebolledo, Alberto Pérez and Alfredo Gutiérrez Ortiz Dayan Mena, who believe that these rules do affect or limit human rights, however, do not violate the Constitution.
In contrast, Sergio Valls and Jose Ramon Cossio rejected the project, as agreed that the so-called laws of geolocation and granted excessive discretionary power to the PGR, whose abuse could affect people.
