Theses and Case Law/ Litigation / by Daniel Majewski del Castillo, Zusel Soto Vilchis and Karla Mishelli Tapia Santos.
On #ThesisFriday | May 23, 2025, the Semanario Judicial published 20 new rulings: 13 precedents and 7 isolated theses.
We have selected the most relevant ones for you, which were issued by the SCJN, Collegiate Circuit Courts, and Regional Plenary Sessions:
Abstracts
Digital registration: 2030428 / Thesis: 1st/J. 62/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Specialized and effective legal representation for migrant children and adolescents must be free, effective, and appropriate.
Based on the criteria of the Inter-American Court of Human Rights and the guidelines of the United Nations High Commissioner for Refugees, individuals designated as representatives of migrant children and adolescents must be qualified professionals with specific training in child-related issues. Therefore, every migrant child and adolescent, even if accompanied by a parent or guardian, must have access to their own legal representative who guarantees their independent and effective legal representation and ensures the comprehensive protection of their rights.
Digital registration: 2030434 / Thesis: 1st/J. 58/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
When, in a direct amparo proceeding, there is doubt as to whether the principle of finality has been satisfied, preference should be given to the interpretation that holds this principle to have been satisfied or that a specific exception applies.
This rule takes on particular significance when the interests of children and adolescents are at stake, and it states that when, in a direct amparo proceeding, there is doubt regarding whether the principle of finality has been satisfied, whether it has been violated, or whether any of its exceptions apply, the interpretation that deems the principle satisfied or the relevant exception applicable must prevail, so that the court may opt for the approach that allows for addressing claims related to the rights or interests of children or adolescents.
Digital registration: 2030435 / Thesis: 1st / J. 60/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Children and adolescents who apply for refugee status are entitled to specialized eligibility interviews.
Although the law does not specify specific measures to guarantee these rights, national standards such as Article 11 of the Constitution and international standards such as the Convention Relating to the Status of Refugees establish minimum conditions to ensure that asylum applications from children are properly processed, examined, and assessed. Adhering to these minimum standards is particularly important during eligibility interviews, during which key information is gathered to identify the risk of harm and the nature of the persecution suffered, thereby determining whether the requirements for refugee status are met.
Digital registration: 2030436 / Thesis: 1st/J. 59/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
In appeals for review in which procedural violations are alleged or claimed to have occurred during the amparo proceedings, the court must determine whether these violations affected the outcome of the decision.
In accordance with the principle of the greater benefit in amparo proceedings, appeals for review must ensure that priority is given to resolving the issues that yield the greatest legal benefit for the petitioner. Therefore, there will be cases in which the court must rule on the merits of the appellant’s claim, even if procedural violations have affected the outcome of the decision. In any case, the court must set forth in the judgment the reasons for reaching one determination or the other.
Digital registration: 2030443 / Thesis: 1st/J. 26/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The end user of the electricity supply is entitled to challenge billing adjustments, even if they were not the one who signed the standard form contract, regardless of whether or not that person owns the property where the supply is received.
In resolving a conflict between two courts, it is concluded that the end user, as a person who consumes electricity for their own benefit and pays for the service, does indeed have standing to bring a claim before the courts to defend rights they believe have been violated, even though they may not be the person who signed the agreement under which the supply was requested for a specific property or address, and regardless of whether or not they own the property where the service is received, since it is that end user of the electricity supply whose rights could be affected in the event of rate increases or service suspension.
Digital record: 2030431 / Thesis: I.11o.C. J/22 K (11a.)
Case Law of the Circuit Courts of Appeals
Two hypotheses that update the grounds for dismissing an amparo action based on express consent to the contested acts, as set forth in Section XIII of Article 61 of the Amparo Law.
This ground for dismissal applies when the following two forms of consent to the contested act exist: a) consent that is expressly stated; and b) consent inferred from various expressions of intent by the complaining party, such as a verbal or written expression of intent by the complaining party that demonstrates express consent to the contested act; this occurs when such an expression reveals an unequivocal intent to comply with, accept, tolerate, or submit to the contested act, or to permit its execution without any conditions.
Digital registration number: 2030439 / Thesis: II.1o.A.3 K (11a.)
Individual Opinion of the Circuit Courts
Courts must take steps to ensure that judgments are drafted in a format accessible to people with disabilities, and that they are read aloud and explained.
The purpose of these adjustments is to ensure that people with disabilities are on an equal footing with everyone else during legal proceedings to assert their rights, without their disability serving as a barrier. This means that courts must exercise flexibility in their legal responses when handling cases involving people with disabilities, in order to uphold the principles of equality and non-discrimination.
Digital registration number: 2030440 / Thesis: I.20o.A.62 A (11a.)
Individual Opinion of the Circuit Courts
A definitive injunction should be granted, with provisional relief, in favor of indigenous individuals, communities, and peoples to ensure their access to all benefits, inclusion measures, and affirmative action.
The granting of this preliminary injunction meets the requirements of due process, does not harm the public interest, does not violate public policy provisions, does not confer rights that the petitioners did not already possess prior to filing the amparo petition, prevents imminent and irreparable harm, serves the general interest of promoting cultural diversity alongside the sustainable development of individuals, guarantees the free exercise of various rights deserving special protection recognized by the Constitution and international conventions in their favor (such as their autonomy, self-determination, and self-governance), and promotes cultural diversity.
Digital registration number: 2030442 / Thesis: PR.A.C.CS. J/26 C (11th)
Case Law of Regional Plenary Sessions
In the case of electronic transfers not acknowledged by the account holder, Condusef’s ruling may establish a breach of contract and constitutes a non-negotiable enforceable instrument in favor of the user.
In the case of electronic transfers not authorized by the user of the services, the banking institution must guarantee and ensure to depositors the safekeeping of their funds, making them available at the agreed-upon time. Failure to do so constitutes a breach of a contractual obligation. Therefore, the ruling issued by Condusef based on the Law on the Protection and Defense of Financial Services Users, in the case of unrecognized electronic transfers, validly establishes a breach of a contractual obligation, thereby conferring on it the status of a non-negotiable enforceable instrument in favor of the user.
Article prepared by Daniel Majewski del Castillo, Zusel Soto Vilchis and Karla Mishelli Tapia Santos.
