Judicialize against not judicialize family in México, its impact on the law

Abstract

In the Mexican legal system, the family is regarded as an institution and be a matter of public order and social interest, the state and the law regulating it interests them; so that before the courts disputes involving members who compose are resolved, the concept of family has evolved, because as society changes, this social group has been forming in a different way that will beyond a mere biological relationship between people who have the same origin, because they come from each other, spreading. Which results in the Family Law also have other new components, substantive and adjective, as in turn causes changes at a procedural level, as a specialized law regulating the family branch, there is discussion on autonomy because there is controversy over its legal nature. The point at issue is to determine to what extent must be regulated by the Family Law, as there is a position that should judicializarse to resolve before the courts disputes occur among its members; but there is another perspective on that and you have to desjudicializar, to be its own members who solve their own conflicts or at least come to other bodies or judicial remedies as alternative mechanisms for dispute resolution, being two opposing views, is to find a solution that benefits the family.