Cuestiones de la buena fe y perspectiva de género

Abstract

This research analyzes the complex interaction between the principle of good faith and the gender perspective within the Mexican criminal justice system, following the 2011 reform and the criteria of the Supreme Court of Justice of the Nation. It addresses the issue of the "administrativization" of justice, where the protection of vulnerable groups has occasionally led to an automatic validation of punitive claims that violates the presumption of innocence. Through the analysis of a practical case regarding a crime against sexual freedom—disproven through contradiction techniques—it is shown how the dogmatic weakness of legal operators allows social prejudices and political pressures to distort the search for factual truth. The study concludes that gender perspective must be used as a methodological tool to balance procedural asymmetries rather than as a license to bypass the standard of full proof. A gender-sensitive legal guarantee model is proposed to rescue the humanistic sense of law and protect the integrity of due process against the risks of modern punitivism.