Theses and Case Law/ Litigation / byZusel Soto Vilchis.
In this #ThesisFriday | August 15, 2025, the Judicial Weekly published 96 new rulings: 31 case law decisions and 65 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation, the Regional Circuit Plenary Sessions, and the Collegiate Circuit Courts:
Abstracts
Digital registration: 2030897 / Thesis: 2nd/J. 52/2025 (11th)
Type: Case Law
Why is it important to distinguish between who has the authority to file an amparo petition and who actually has a legitimate interest in the case?
In an amparo proceeding, it is not always necessary for the person filing the petition to be the one who directly suffered the violation. The law allows the proceeding to be initiated by a legal representative, an attorney, or, in certain cases, any person acting on behalf of the affected party. These individuals have only the legal authority to initiate the proceeding; they are not the holders of the right being asserted and do not need to have a personal interest in the case. Therefore, the analysis of the violated right must focus solely on the complainant, not on the person who filed the petition on their behalf. This is especially true in cases under Article 15 of the Amparo Law, which allows any person to file the petition to protect someone who cannot do so on their own.
Digital registration: 2030935 / Thesis: 2a./J. 59/2025 (11a.)
Type: Case Law
District courts cannot set amounts that have already been determined by local courts, especially when they did not issue the conviction.
It is not appropriate for a District Court to order the initiation of a settlement proceeding when the judgment establishing the principal payment and financial costs was issued by a local court. In such a case, it is the local court’s responsibility to calculate the exact amount to be paid, and the judge hearing the amparo action is only responsible for enforcing that decision. In other words, the District Court does not have the authority to set the amount to be paid for performance of the contract or the interest accrued, since that responsibility falls to the local court, which must determine that amount based on its own ruling.
Digital registration: 2030950 / Thesis: 2nd/J. 48/2025 (11th)
Type: Case Law
Sections 153 and 157 of the Social Security Act of 1973 were inconsistent with the principle of equality, as they established different criteria for the granting of widow’s and orphan’s pensions.
Although recipients of widow’s and orphan’s pensions are not in exactly the same circumstances, both were financially dependent on the deceased worker. However, the difference in the percentages they receive is no longer justified today, as it is based on a traditional concept of the family in which the spouse received a larger share to support the children. Reality has changed, and now beneficiaries may not have a direct parent-child relationship with the children. The law should protect all beneficiaries equally, whether they are relatives or people who depended on the worker, always ensuring that the total amount of the pensions does not exceed the pension that the worker had or would have had for disability, old age, or retirement, according to Article 170 of the law.
Digital registration number: 2030893 / Thesis: I.11o.C.116 K (11a.)
Type: Detached
The requirement that an act be irreparable in order to file an indirect amparo is valid and does not violate the Political Constitution of the United Mexican States.
Article 107, Section V, of the Amparo Law is constitutional, as it does not seek to limit access to justice, but rather to establish when it is appropriate to file an indirect amparo action against procedural acts. The purpose of this rule is to prevent the filing of amparo actions over matters that affect only formal aspects of the procedure, without directly and currently infringing upon the complainant’s substantive rights. If the contested act does not meet this condition, the indirect amparo is not admissible; however, this does not prevent the person from challenging it later through a direct or adhesive amparo, if applicable, when the final judgment is issued. Therefore, this requirement provides clarity regarding the timing of the constitutional action, and compliance with it must be reviewed by the amparo judge as a matter of obligation. The fact that a complaint is dismissed for failing to meet this condition does not violate the right to justice, since other legal avenues exist to defend the complainant’s rights.
Digital record: 2030904 / Thesis: I.5o.C.196 C (11a.)
Type: Detached
In commercial proceedings, when a motion to dismiss is filed on the grounds of errors in service of process, this suspends the statute of limitations for the case.
According to Article 1076, Section VI, of the Commercial Code, the statute of limitations does not apply if the resolution of a preliminary or related issue that is key to the proceedings is pending, whether that resolution is issued by the same judge or by a different authority. The Supreme Court has established that for something to be considered a preliminary or related issue, four conditions must be met: it must be important for the progress of the trial, it must be resolved before proceeding, it must directly affect the course of the proceedings, and it must significantly influence the outcome. In this regard, if the summons is challenged through a motion to vacate proceedings, it is generally considered a preliminary issue. This means that until that motion is resolved, the trial cannot be considered inactive due to a lack of procedural momentum. This is because the summons is an essential stage, and if it is declared invalid, it could even nullify part of the proceedings, which would directly impact the course and outcome of the trial.
Digital registration: 2030907 / Thesis: I.11o.C.71 C (11a.)
Type: Detached
The agreement on the venue for resolving a dispute must be honored when both parties to the commercial contract are on an equal footing and the contract can be performed in multiple states.
The Supreme Court holds that territorial jurisdiction must be defined in a manner that does not impair either party’s access to justice, ensuring that the trial takes place where the parties reside, where the contract was signed, or where the subject matter in dispute is located. However, if there is no clear information indicating which location is most convenient, the court expressly chosen by the parties in their contract should not be declared incompetent. In such cases, the contractual agreement must be respected, especially if both parties are on equal footing, since it is not necessary to modify the agreement to protect a party allegedly at a disadvantage if there is no evidence of an imbalance.
Digital registration number: 2030910 / Thesis: XIX.1o.P.T.3 L (11a.)
Type: Detached
The document detailing the number of weeks of contributions submitted by the IMSS as the employer in a labor lawsuit is not sufficient on its own to prove the employee's length of service.
The certificate of entitlement and the statement of contribution weeks, issued by the IMSS, serve as valid proof of the number of contribution weeks and the worker’s average wage, but they are not sufficient to verify the worker’s length of service. This is because the fact that a worker has been enrolled in or withdrawn from social security does not guarantee that a continuous employment relationship existed throughout that entire period, as situations may arise that interrupt that relationship. Furthermore, when the IMSS acts as the employer in a labor lawsuit and submits these documents as evidence, they cannot be given absolute weight because this would upset the procedural balance, placing the worker at a disadvantage. Therefore, although both documents contain similar information, such as weeks of contributions and average wage, they are not sufficient, on their own, to conclusively demonstrate the duration of employment or the worker’s seniority.
Digital registration number: 2030914 / Thesis: I.11o.C.70 C (11a.)
Type: Detached
In commercial trials, the judge must carefully consider whether either party acted in bad faith or recklessly before imposing costs.
Article 1084, paragraph 1, of the Commercial Code provides that, in order to impose the payment of costs in a lawsuit, the judge must consider whether any of the parties acted recklessly or in bad faith. This implies that the judicial authority has the obligation to analyze, on its own initiative, the conduct of the parties throughout the proceedings and to decide, based on that analysis, whether or not such an award is warranted. The law does not prevent the judge from conducting this detailed analysis, nor does it require a specific method for doing so, which does not render it unconstitutional. Although no specific procedure is prescribed, this does not affect the fundamental rights of the parties—such as the right to a hearing, legal certainty, legality, access to justice, and equality—since the judge must interpret the law in a manner that respects these principles established in the Constitution.
Digital record: 2030915 / Thesis: II.1o.A.18 K (11a.)
Type: Detached
Differences between physical injury and emotional distress in cases of state liability.
The State is obligated to pay compensation when it causes harm to an individual, and this compensation may cover two types of harm: physical injury and emotional distress. Physical injury refers to physical harm or impairment of the ability to work; therefore, it must be calculated based on medical reports, loss of income, and expenses incurred by the individual, such as medical or rehabilitation costs. In contrast, emotional distress relates to the emotional or psychological suffering caused, and compensation for it is determined by considering the severity of the harm, the State’s liability, and the financial circumstances of the parties. Since these are distinct matters, each type of harm must be analyzed and compensated separately, in accordance with the law and the circumstances of the case.
Digital registration number: 2030921 / Thesis: VII.1o.C.13 K (11th)
Type: Detached
When the motion to dismiss an indirect constitutional appeal is vague as to its scope, it must be interpreted as referring to the constitutional proceedings
When a party files a brief to withdraw an appeal for review without clarifying whether it refers to the appeal or the indirect amparo proceeding, the entire brief must be interpreted to understand the party’s true intent. Since the amparo proceeding is the main matter and the motion for review is merely an ancillary measure, it is understood that the withdrawal applies to the amparo proceeding, especially because the protection of human rights takes precedence. Therefore, in case of any doubt, it must be presumed that the withdrawal pertains to the amparo proceeding and not merely to the motion.
Digital registration number: 2030958 / Thesis: XXIV.2o.5 K (11a.)
Type: Detached
In accordance with the pro actione principle, when a petition for indirect amparo is filed as a simple copy via the court’s drop box, the court must require the petitioner to submit a signed acknowledgment of receipt
In accordance with the rules for filing documents via the court mailbox, as set forth in various articles of the General Agreement of the Federal Judicial Council, if there is no technical staff available to receive the complaint, the petitioner may have been confused and taken the original complaint with them as a receipt. This situation should not prevent the exercise of the substantive right; therefore, following the pro actione principle, this irregularity may be corrected through a formal request, as provided for in the Amparo Law.
Digital registration number: 2030961 / Thesis: I.5o.C.198 C (11a.)
Type: Detached
In appeals of commercial insolvency proceedings, the court must review the response to the appeal to determine whether it contains well-supported arguments that could lead to a reversal of its decision.
The Supreme Court has established rules regarding how arguments should be addressed in various types of proceedings. In federal administrative litigation, judges must address arguments that are well-founded and that may influence the final decision. In direct amparo proceedings, it is not always mandatory to address all arguments, except when they affect the legal reasoning or the ruling, in which case they must be mentioned in the judgment. In ancillary amparo proceedings, which only analyze procedural violations to strengthen the judgment favorable to the party, a clear ruling on those arguments is required. In bankruptcy proceedings, the Commercial Bankruptcy Law allows both the appellant and the opposing party to present evidence when submitting their arguments. Following the Supreme Court’s reasoning, the court reviewing the appeal must clearly address the well-founded arguments presented by the opposing party, especially if those arguments could alter the final decision in the case.
Digital registration number: 2030963 / Thesis: I.12o.C.1 K (11a.)
Type: Detached
The appeal is not admissible against the order directing the initiation of the enforcement phase of the final judgment, because it has already been determined that the stay granted in the direct amparo proceeding has lapsed.
The Political Constitution of the United Mexican States and the Amparo Law authorize the competent authority to hear direct amparo petitions and to make important decisions, such as suspending the challenged act and requiring security to cover potential damages to third parties. It may also establish counter-guarantees to ensure compliance with the ruling, decide on the return of such guarantees, and resolve related incidents. These functions form part of an auxiliary jurisdiction, distinct from its usual jurisdiction. Therefore, the complaint appeal is appropriate for challenging decisions or errors related to the suspension, but not for questioning the commencement of enforcement of the final judgment, which corresponds to another stage of the process.
Digital registration number: 2030978 / Thesis: I.3o.C.106 C (11a.)
Type: Detached
A third-party claim based on the right of subrogation does not apply if the attempt is made to collect a debt from the party that won the main lawsuit, because it is the party found liable who owes the money.
The purpose of a third-party claim is to determine whether the third party has a priority right to collect before the enforcing creditor in an enforcement proceeding already underway against the common debtor. If the third party is seeking to collect a debt owed to them by the debtor, then they do not meet the requirements for a third-party claim, since there is no common debtor, and their claim must be pursued through other legal means.
Digital registration number: 2030960 / Thesis: PR.P.T.CS. J/65 L (11th ed.)
Type: Case Law
Pay stubs included in Digital Tax Receipts (CFDI) do not need to be provided to or signed by the employee to verify the amount and payment of wages.
The Federal Labor Law states that printed pay stubs must be signed by the employee to be valid, but digital pay stubs in CFDI format may be used instead if they are verified on the SAT website. To verify this, the court appoints a notary public to review the provided links and confirm the authenticity of the CFDIs. Thus, these digital receipts serve as valid proof of wage payment without requiring the worker to physically sign or receive them, unlike printed receipts.
Prepared by Zusel Soto Vilchis.
