New constitutional doctrine: justice with a victim-centered approach
Traditionally, the principle of non reformatio in pejus has protected the sole appellant from having their legal situation worsened. However, beginning with ruling AP3382-2025, the Supreme Court of Justice introduced a new perspective: when the fundamental rights of victims are at stake, especially in cases of gender-based sexual violence, the balance can tip toward protecting the victim, even if this means overriding the protection afforded to the sole appellant.
- The case and the change: In a process where sexual violence against a minor was wrongly classified only as defamation, the Court annulled all the actions taken, prioritizing procedural truth, effective investigation and material justice for the victim.
- International foundations: The ruling invokes Inter-American jurisprudence and treaties protecting the rights of women and children, arguing that criminal defense cannot perpetuate impunity in cases of gender violence and vulnerability.
- Doctrine for lawyers and judges: This ruling requires that criminal law and criminal defense consider the best interests of the child and gender equality as legitimate limits to old principles such as non reformatio in pejus.
The commitment to responsible defense
At Paez Martin, criminal defense and counsel are rigorous and respectful of due process, but also committed to the rights of victims and the constitutional balance between procedural safeguards and substantive justice. Defending is not about covering up: it is about ensuring a fair trial, with respect for the rights of all parties involved.
Both approaches allow for addressing the issues with technical depth and social responsibility, building legal education with a comprehensive and current vision.
