Theses and Case Law/ Litigation / byDaniel Majewski del Castillo, Cinthya González Vera, Zusel Soto Vilchis, José Alejandro Krause Marún, David Fernando Santos Mejía, and Carla Itzel Rincón Guerrero.
In this #ThesisFriday | August 22, 2025, the Judicial Weekly published 63 new rulings: 41 case law decisions and 22 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration: 2030989 / Thesis: 1st/J. 213/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Failure to make progress in ensuring the right of access to justice, when the Federal Constitution explicitly requires one of the branches of the federal government to take specific action toward this end, constitutes a violation of the right of access to justice in terms of its qualitative dimension and the requirement to ensure its optimal realization.
This qualitative dimension and the aspect of the constitutional mandate to optimize the right of access to justice are fully justiciable; therefore, if the Federal Constitution mandates a branch of the Union to take a specific action to advance the guarantee of this right and that branch fails to comply with such a mandate, it must be concluded that it is violating the fundamental right in question. This is what occurred in the case of the Congress of the Union regarding the constitutional reform on everyday justice of September 15, 2017, in which it completely failed to fulfill its obligation to enact unified legislation on civil and family procedure, as well as to adapt the general and federal laws that so require to the principle of oral proceedings and the prevalence of substance over form in judicial proceedings, as provided for in Articles 16, 17, and 73 of the Constitution.
Digital registration: 2030997 / Thesis: 1st/J. 229/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The standard regarding the duty to inform and informed consent takes on a distinct and heightened character in the context of gender-affirming surgeries, given the patient’s subjective experience and the specific nature of these procedures.
The standard of informed consent is not met merely by signing consent forms; rather, it requires: (i) a communication process that explores preexisting conditions, motivations, and the relevance of the surgery to the patient’s identity; (ii) greater diligence to explain general and specific risks in a complete and understandable manner, except for those unknown to medical science; and (iii) a broader range of information covering alternatives, recovery time, realistic expectations, postoperative care, and, where applicable, the lifespan of implants.
Digital registration: 2030997 / Thesis: 1st/J. 229/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Section 305 of the Federal Telecommunications and Broadcasting Law does not violate Article 22 of the Constitution, as it does not provide for confiscation, but rather for forfeiture in connection with the commission of an administrative violation.
The First Chamber finds that the purpose of this measure is to prevent the continuation of the unlawful conduct, as well as to compensate the Treasury for the revenue it has not received due to the improper use of the radio spectrum. In this regard, the regulatory provision under analysis does not constitute a confiscation of property as prohibited by Article 22 of the Constitution, understood as the violent appropriation by the authorities of all or a significant portion of a person’s assets, without compensation or legitimate title. On the contrary, it constitutes a forfeiture, understood as an administrative sanction consisting of the loss of those assets directly related to the unlawful conduct.
Digital registration: 2031011 / Thesis: 1a./J. 214/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The legitimate collective interest of civil associations may be established based on the relationship between the diffuse or collective nature of the right at issue and the purpose of the association bringing the complaint.
Since civil associations serve as a vehicle for individuals to come together to achieve a specific purpose, they are considered to be particularly well-positioned to protect this type of right (provided that such protection is included in their corporate purpose). Therefore, to assess a corporation’s legitimate interest in an amparo proceeding (which it claims is collective), one must start with the nature of the right at issue and the specific relationship that the corporation may have with the collective dimension of that right (its complex structure, its social dimension, its character as a public good, or some analogous characteristic).
Digital registration: 2031013 / Thesis: 1st/J. 208/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The amparo proceeding does allow for the review of actions that, even if they involve a potential encroachment on the powers of other branches of government, have a direct impact on an individual’s fundamental rights.
Although the Federal Constitution establishes specific mechanisms for resolving jurisdictional disputes between branches of government—such as constitutional litigation—this does not preclude the examination, in an amparo proceeding, of the concrete effects that a jurisdictional encroachment has on an individual’s legal sphere. If an act such as a legislative resolution issued in an impeachment proceeding assumes powers reserved for another branch and, consequently, directly affects fundamental rights, constitutional scrutiny is legitimate and necessary. This review does not distort the amparo proceeding or turn it into a means of controlling jurisdictional powers in the abstract; rather, it responds to the mandate of effective judicial protection and the pro persona principle by ensuring that no authority may encroach upon constitutional functions under the guise of formal power and without any judicial oversight.
Digital registration: 2031016 / Thesis: 1st / J. 180/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The harm caused by the violation of the right to freedom of expression, in its collective dimension, is not limited to a specific segment of the population, as it recognizes the complexity involved in determining who are indirect victims and who are not.
The collective dimension also entails the right of all people to access opinions, accounts, and news reported by third parties; therefore, when crimes are committed against the media, these collective rights are affected. When an individual is harmed, it also has an impact on society and on others who practice the same profession. Given this, the harm suffered by the loss of a journalist’s life cannot be considered to affect only the right to freedom of expression of a specific segment of the population, as doing so would imply excluding other individuals who may also have been affected in a similar manner.
Digital registration: 2031020 / Thesis: 1a./J. 212/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The requirement of a legal interest to file a petition for the invalidation of a patent with the Mexican Institute of Industrial Property is constitutional, because the decision issued by that authority will have a direct impact on the legal rights of the individual filing the petition.
This is because the requirement of a legal interest serves the purpose of ensuring that the decision issued by the administrative authority has tangible legal effects on the applicant and prevents unjustified patent conflicts. That is, given the significant impact that the loss of a patent entails, both for its owner and for the related industry, the applicant for invalidation must demonstrate, in a reliable and verifiable manner, specific harm caused by the patent they seek to invalidate. Such harm must be capable of being remedied through the issuance of a decision by the administrative authority responsible for the protection of industrial property.
Digital record: 2031009 / Thesis: II.2o.C.8 K (11a.)
Case Law of the Supreme Court of Justice of the Nation
Artificial intelligence tools can be effectively used in judicial proceedings to calculate the amount of security to be set in amparo proceedings.
The use of artificial intelligence tools in these cases is justified because it allows for: a) reducing human error in such calculations; b) providing transparency and traceability by showing how the result is obtained step by step; c) ensure consistency and standardization in legal precedents and in setting the amounts of security; and d) improve procedural efficiency by freeing up time for substantive analysis of the case and facilitating the reasoning behind judicial decisions.
Digital registration number: 2031044 / Thesis: PR.A.C.CS. J/30 K (11th ed.)
Case Law of Regional Circuit Courts
The grounds for appeal set forth in the complaint seeking the restoration of electricity service—under which the suspension will have no effect—cannot be deemed invalid solely on the grounds that the beneficiary of the measure is not adversely affected.
Everything contained in the ruling regarding the suspension of the contested act shall form part of said measure, which implies that both the decision to grant it and any other aspects resolved or specified by the adjudicating authority in this regard cannot be separated and, therefore, may affect the party to whom it was granted. If a person considers that the decision regarding the preliminary injunction causes them harm, they may challenge it by filing the appropriate appeal, and the arguments regarding the alleged impact in relation to any of the issues contained in the aforementioned ruling cannot be deemed ineffective solely on the grounds that the beneficiary of the measure is not affected.
Digital registration: 2031039 / Thesis: 1st / J. 216/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Articles 351 and 352 of the National Code of Criminal Procedure do not violate the right to a trial within a reasonable time, provided that the period during which the oral trial is suspended, for the purposes of its resumption, is interpreted as being calculated in business days.
The procedural rules contained in the challenged provisions do not violate the right to a trial within a reasonable time, as they are intended to prevent interruptions and, thereby, ensure the principles of continuity and concentration. However, this First Chamber has held that the analysis of the aforementioned Article 351 must be conducted in conjunction with Article 352, since both regulate the suspension and interruption of the trial hearing, which must proceed continuously in accordance with the principle of continuity (in relation to the principles of publicity, immediacy, and adversarial proceedings) established in Article 20 of the Federal Constitution.
Digital registration: 2031038 / Thesis: 1st / J. 188/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Section 142(II) of the Credit Institutions Law, which authorizes the attorneys general of the states to request banking information from financial institutions for criminal purposes without a court order, is unconstitutional because it violates the right to privacy.
Article 16, paragraph 1, of the Political Constitution of the United Mexican States protects the right to privacy. To safeguard that right, within the framework of banking operations and services, the legislature established in Article 142, paragraph 1, of the Law on Credit Institutions, “bank secrecy,” which prevents banking authorities from providing information, data, or documentation regarding their clients or users. However, subsection II of the same section provides that banking institutions may disclose such information when the attorneys general of the states of the Federation and the Federal District, or their deputy attorneys general, request it to verify an act that the law defines as a crime and the probable liability of the accused; without requiring prior authorization of such a request by a judge.
Digital registration: 2031035 / Thesis: PR.A.C.CS. J/32 C (11th)
Case Law of Regional Circuit Courts
The trial judge, to whom the complaint is filed, does not have the authority to dismiss it; he or she must merely accept it, acknowledge its filing, and forward it to the higher court.
A systematic interpretation of Articles 723 and 725 of the aforementioned code, which govern appeals, reveals that the judge’s role is limited to receiving the appeal, acknowledging its filing, and forwarding it to the higher court along with the judge’s report and supporting documents; since this is a vertical appeal, it is the higher court that is responsible for determining its admissibility.
Prepared by Daniel Majewski del Castillo, Cinthya González Vera, Zusel Soto Vilchis, José Alejandro Krause Marún, David Fernando Santos Mejía, and Carla Itzel Rincón Guerrero.
