Theses and Case Law/ Litigation / by Daniel Majewski del Castillo and Frida Isabel Velázquez Vargas.
On #ThesisFriday | May 22, 2026, the Judicial Weekly published 39 new rulings: 20 case law decisions and 19 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Collegiate Circuit Courts and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration: 2032179 / Thesis: P./J. 85/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Article 108 of the Securities Market Law does not undermine legal certainty, as the CNBV’s actions are subject to legal and procedural constraints.
Article 108 of the Securities Market Law does not violate the principle of legal certainty set forth in Article 16 of the Constitution, since the CNBV’s authority to cancel registrations in the National Securities Registry when it deems the interests of the investing public to be safeguarded does not constitute excessive discretionary power, since its actions are objectively limited by the duties of substantiation and justification, as well as by the supervisory powers provided for in financial legislation itself to protect the investing public, minimize systemic risks, and promote healthy competition in the sector.
Digital registration: 2032148 and 2032160 / Thesis: P./J. 82/2026 (12th) and P./J. 84/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Fees for the reproduction, delivery, or certification of public information must be supported by a detailed justification.
This is because the principle of free access to information, as set forth in Article 6 of the Constitution, requires the legislature to provide a detailed justification for any fees or charges related to the reproduction, transmission, or certification of information, explaining the methodology and the objective and reasonable costs underlying them, in order to allow for judicial review of their constitutionality and to prevent them from generating undue profit or benefits for the State.
Digital registration: 2032162 / Thesis: P./J. 83/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The rule that requires students to pay higher fees for the issuance of certificates or copies for educational purposes violates the principles of proportionality and tax equity.
The collection of service fees must bear a reasonable relationship to the actual cost of the service provided and must not generate a profit for the State; therefore, Article 30, Section II, of the Jacona Municipality Revenue Law for 2025 violates the principles of proportionality and tax equity by imposing a higher and unjustified fee on students for the issuance of certificates or certified copies, without any objective basis to justify the difference or correspondence with the actual cost of the service.
Digital registration: 2032165 / Thesis: P./J. 93/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Laws that punish insults, obscene language, or disrespect toward authority violate the principles of legal certainty and specificity.
The principle of specificity requires that administrative offenses clearly and objectively describe punishable conduct; therefore, regulations that penalize insults, obscene language, or disrespect toward authorities or third parties undermine legal certainty by granting authorities excessive discretion based on subjective assessments of the degree of offense or damage to one’s honor.
Digital registration number: 2032147 / Thesis: P./J. 94/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The restriction requiring notaries to apply for a license only for elected office violates the right to equal access to public employment or office (Legislation of the State of Colima).
The regulatory restriction that prevents notaries from obtaining permission to temporarily step down from their position in order to hold a public office other than an elected one violates the right to equal access to public office, as recognized in the Political Constitution of the United Mexican States.
Digital registration number: 2032156 / Thesis: P./J. 81/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
A constitutional dispute shall be dismissed when the challenge concerns only a regulation with an annual term of validity and its effects have ceased.
A constitutional dispute must be dismissed when the challenge is limited to a provision with an annual term and, by the time the ruling is issued, the effects of that provision have ceased because the period for which it was enacted has ended.
Digital record: 2032170 / Thesis: PR.A.C.CS. J/4 C (12th)
Case Law of the Supreme Court of Justice of the Nation
Before filing an indirect appeal against a fine imposed as a disciplinary measure in ordinary commercial proceedings, it is not necessary to exhaust any remedies provided for in civil procedural law.
To file an indirect appeal against a disciplinary fine imposed in ordinary commercial proceedings, it is not necessary to first exhaust any remedies provided for in civil procedural law, because the Commercial Code expressly establishes a comprehensive system of remedies and provides its own legal framework for disciplinary sanctions.
Digital record: 2032172 / Thesis: IV.3o.C. J/1 C (12a.)
Case Law of the Circuit Courts of Appeals
When a claim for the invalidity of electronic bank transfers is brought in commercial court proceedings, it is unnecessary to summon the holders of the receiving accounts as third parties.
In cases involving electronic bank transfers where a claim is made that the transaction is void, the relevant legal relationship exists solely between the account holder and the financial institution; therefore, the holders of the receiving accounts are not essential parties to the proceedings, since there is no three-party relationship and their inclusion would only unduly delay access to prompt and expeditious justice.
Digital registration number: 2032164 / Thesis: II.1o.1 K (12th)
Individual Opinion of the Circuit Courts
An exception to the principle of finality applies when a third party not involved in the proceedings files an amparo petition challenging a preliminary injunction (freezing of bank accounts) as an act prejudicial to a commercial lawsuit.
When a complainant, acting as a third party in a lawsuit, seeks, through an indirect appeal for constitutional protection, a preliminary injunction to freeze assets (block bank accounts) as a pre-trial measure in a commercial lawsuit, and states that they are unaware of the amount at issue in the main proceeding, the exception to the principle of finality applies, since the grounds for dismissal are neither obvious nor manifest.
Digital registration number: 2032177 / Thesis: XXX.4o.2 A (12th)
Individual Opinion of the Circuit Courts
The second paragraph of Article 40 of the Federal Law on Contentious-Administrative Proceedings does not violate the right of access to justice by limiting requests for information to documented facts in the possession of the authorities.
The limitation set forth in Article 40 of the Federal Law on Contentious-Administrative Proceedings regarding the use of expert reports does not violate the right to access to justice or due process, as it constitutes a reasonable procedural rule consistent with the nature of contentious-administrative proceedings and does not prevent the parties from presenting other forms of evidence to support their claims or challenge the legality of administrative acts.
Prepared by Daniel Majewski del Castillo and Frida Isabel Velázquez Vargas.
