Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, andFrida Isabel Velázquez Vargas.
On #ThesisFriday | On June 26, 2026, the Semanario Judicial published 50 new rulings: 9 case law decisions and 41 isolated legal opinions.
We’ve selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation and the Collegiate Circuit Courts:
Abstracts
Digital registration number: 2032328 / Thesis: P./J. 145/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
When a challenge is filed on the grounds of a close friendship with the judge, the judge’s report is sufficient to determine whether or not such a relationship exists.
When a challenge is filed on the grounds of a close friendship between the opposing party and the judge, that relationship must be proven in a reliable and objective manner; otherwise, a simple denial by the judge is sufficient to dismiss the challenge.
Digital Registration: 2032344 / Thesis: P./J. 148/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
An indirect appeal may be filed against rulings that grant or deny preliminary injunctions in commercial oral proceedings.
This is because Article 1390 Bis of the Commercial Code provides that no ordinary remedy is available against decisions rendered in commercial oral proceedings, not even the appeal provided for therein. Therefore, to hold otherwise would be contrary to the purpose of ensuring the speed and efficiency of such proceedings.
Digital record: 2032333 / Thesis: I.10o.C. J/2 C (12a.)
Case Law of the Circuit Courts of Appeals
In the case of promissory notes or standard-form contracts in which the signatory had no real opportunity to negotiate the terms, the express submission clause should not be applied to determine territorial jurisdiction.
In the case of promissory notes arising from standard-form contracts unilaterally drafted by financial institutions, without any real possibility of negotiation on the part of the signatory, the jurisdiction clause creates an imbalance of power that undermines the administration of expeditious, impartial, and complete justice if it results in extraordinary expenses for the subscriber and constitutes a barrier to the effective exercise of their right to a defense; therefore, it should not be taken into consideration when determining jurisdiction.
Digital registration number: 2032341 / Thesis: IX.2o.C.A.4 A (11a.)
Individual Opinion of the Circuit Courts
In amparo proceedings challenging actions that affect the human rights of older adults, the court must analyze them from the perspective of an older adult.
The perspective of older adults entails a legal duty to take special care regarding actions that jeopardize their human dignity, particularly those that are most vulnerable due to their age, such as the rights to a minimum standard of living, social security, and an effective judicial remedy. Therefore, it is essential to address this issue with special legal protection in order to guarantee their fundamental rights.
Digital registration: 2032324 and 2032350 / Thesis: I.20o.A.56 A (12a.) and I.20o.A.55 A (12a.)
Individual Opinion of the Circuit Courts
The right to privacy must be reconceptualized as personal digital sovereignty in light of the challenges posed by state-sponsored biometrics.
The biometric monitoring used by authorities creates risks and forms of surveillance that go beyond the scope of informational self-determination and diminish its potential to safeguard people’s privacy, individuals’ private lives, security, and integrity. It is therefore necessary to reconceptualize privacy as a human right to personal digital sovereignty, capable of ensuring effective control over individuals’ biological and behavioral identities.
Digital registration number: 2032355 / Thesis: I.20o.A.57 A (12a.)
Individual Opinion of the Circuit Courts
A provisional stay of execution must be granted when an amparo petition is filed against the provision of the General Population Law that provides for the creation of the biometric CURP.
This is because this measure does not prevent the authorities from exercising their legal powers or conducting searches for missing persons; furthermore, although the enhanced CURP pursues legitimate security objectives, these objectives must be balanced with the protection of fundamental rights such as privacy and digital sovereignty; therefore, weighing the apparent validity of the measure against the public interest reveals the feasibility of granting the preliminary injunction to prevent disproportionate or irreversible harm resulting from the processing of biometric data.
Digital registration number: 2032332 / Thesis: I.11o.A.1 A (12a.)
Individual Opinion of the Circuit Courts
An administrative lawsuit may be filed against decisions issued by PROFECO when they order the case to be closed and do not meet the essential procedural requirements.
A federal administrative lawsuit may be filed against a decision by the Federal Consumer Protection Agency (PROFECO) in conciliation proceedings that orders the case to be closed, when violations of the essential procedural requirements governing that alternative dispute resolution mechanism are alleged.
The agreement that concludes the conciliation proceedings and orders the case to be closed may be challenged through a federal administrative lawsuit because, by closing the case, PROFECO terminates the proceedings and there is nothing left pending resolution. This means that it is not a mere formality, but a final decision that affects the rights of the parties. Therefore, if the authority terminated the proceedings without complying with the required formalities, that decision may be reviewed by the Federal Court of Administrative Justice.
Digital registration number: 2032342 / Thesis: I.20o.A.1 K (12a.)
Individual Opinion of the Circuit Courts
The District Court must, on its own initiative, gather evidence to verify receipt of a petition sent to an official email address when the authority denies having received it.
In cases involving the right to petition, when there is a dispute as to whether a request submitted electronically was received by the authority, it is initially up to the petitioner to prove that it was submitted. However, if there is evidence that the request was sent and the authority denies having received it, the court must, on its own initiative, gather the necessary records to verify its existence in the official digital archives. This is to ensure certainty in the decision, avoid procedural imbalances, and prevent irreparable harm to the right of access to justice.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, andFrida Isabel Velázquez Vargas.
