Theses and Case Law/ Litigation / by Daniel Majewski del Castillo,Zusel Soto Vilchis, and Karla Mishelli Tapia Santos.
In this #ThesisFriday | June 27, 2025, the Judicial Weekly published 46 new rulings: 22 case law decisions and 24 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 number: 2030647 / Thesis: II.1o.A.9 K (11a.)
Individual Opinion of the Circuit Courts
LGBTIQ+ individuals face structural vulnerability resulting from the interplay of multiple social factors, a situation that hinders their ability to fully exercise their human rights.
The recognition of the structural vulnerability of LGBTIQ+ individuals is grounded in various factors that affect their development and the exercise of their human rights. Discrimination and social stigma have perpetuated conditions of exclusion and violence against this population. The existence of discriminatory laws and the lack of legal recognition in many areas reinforce marginalization and limit access to their fundamental rights. Violence and hate crimes constitute a constant threat, creating an environment of fear and insecurity that prevents the full enjoyment of their human rights. This situation is exacerbated by difficulties in accessing effective protection mechanisms and justice, which fosters impunity and revictimization.
Digital registration: 2030623 / Thesis: 2nd/J. 26/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Jurisdiction over the indirect appeal challenging the decrees amending the Schedule of the General Import and Export Tax Law lies with the District Courts for General Administrative Matters.
Although the foregoing highlighted the need to implement measures to revive the domestic market, this is insufficient to conclude that the study relates to the field of economic competition, since the decrees do not affect the competitive sector of any regulated market that requires specialized technical knowledge. Nor do they regulate acts or conduct by economic agents or authorities that have the object or effect of preventing competitors from entering the market or limiting the ability of economic agents to compete in the markets, nor are they directly related to unfair international trade practices; rather, their purpose is to regulate foreign trade.
Digital registration number: 2030632 / Thesis: PR.A.C.CS. J/31 C (11th)
Case Law of Regional Circuit Courts
A unilateral statement made spontaneously by a non-defendant during judicial proceedings for a payment order and attachment—consisting of offering an asset for attachment in order to secure the obligation regarding the claimed debt—may constitute a voluntary surrender.
A promissory undertaking may arise when, during proceedings for a payment order and attachment, a non-defendant voluntarily expresses a willingness to assist the debtor in settling the claimed debt and offers an asset owned by them as security. Such a declaration must be interpreted in light of the rules applicable to any act of contractual intent, in accordance with the principles governing the formation of legal acts and, in particular, the creation of obligations based on unilateral declarations of intent.
Digital record: 2030634 / Thesis: I.11o.C. J/26 K (11a.)
Case Law of the Circuit Courts of Appeals
An action seeking the annulment of an administrative act requires the complete and unconditional revocation of the act in question, and not merely a temporary suspension of its effects.
Thus, for the aforementioned grounds for dismissal to apply: 1) it is not sufficient for the competent authority to annul or revoke the contested act; 2) it is necessary that, by virtue of the order issued by the competent authority or due to any other circumstance, all effects of the contested act be completely and unconditionally eliminated; 3) the situation must be restored to the state it was in prior to the alleged constitutional violation.
Digital record: 2030653 / Thesis: I.11o.C. J/23 K (11a.)
Case Law of the Circuit Courts of Appeals
To ensure that the person serving as president of the court issuing the decision being challenged in the appeal is not the same person who drafts the decision.
Article 105 of the Amparo Law did not provide for the exceptional circumstance in which, after a decision subject to appeal has been issued, the person who issued it as presiding judge of the Circuit Collegiate Court ceases to hold that position for any reason, thereby necessitating the appointment of a new person to perform that function. For this reason, if, after the appeal is assigned to one of the Justices of the Circuit Collegiate Court, that Justice is appointed as the presiding judge of the same court, nothing prevents that adjudicating Justice, as the reporting Justice, from drafting the respective decision, since it is evident that he or she was not the one who issued the appealed decision.
Digital record: 2030654 / Thesis: I.11o.C. J/25 K (11a.)
Case Law of the Circuit Courts of Appeals
The procedure for resolving challenges to judges is specifically and comprehensively regulated in Articles 59 and 60 of the Amparo Law; therefore, it is unnecessary to resort to the supplementary provisions of procedural law.
In accordance with the general principle of law under which a special rule supersedes a general one, if the procedure for determining whether a challenge raised in an amparo proceeding or in any of the remedies provided for in the relevant legislation is valid is specifically and comprehensively regulated in the Amparo Law, it is unnecessary and certainly not mandatory for the Collegiate Circuit Court responsible for hearing and deciding the case of disqualification to resort, on a supplementary basis, to the general rules provided for in procedural law.
Digital registration number: 2030625 / Thesis: I.11o.C.42 C (11a.)
Individual Opinion of the Circuit Courts
It is improper to grant a permanent stay in an indirect appeal against the ruling that grants the conciliator’s request to order the merchant to provide the information and documentation requested in an insolvency proceeding.
This is because granting the stay order entails suspending the aforementioned proceeding, which is subject to specific time limits and is a matter of public policy. Furthermore, the conciliator, as a party to the insolvency proceedings, is subject to responsibilities and time limits previously established in the aforementioned law. Consequently, the order requiring the merchant to provide information and documents is not subject to suspension, as the second requirement set forth in Article 128, Section II, of the Amparo Law is not met.
Digital registration number: 2030629 / Thesis: II.1o.A.12 K (11a.)
Individual Opinion of the Circuit Courts
Public policies serve as a comprehensive mechanism for redress in cases of human rights violations against vulnerable groups affected by structural discrimination.
To remedy the systemic violation of the fundamental rights of historically marginalized groups, authorities are required to adopt concrete measures that ensure substantive equality. Such measures include the duty to take the necessary actions to achieve this end, such as the development of public policies, as it is essential to recognize the existence of a problem, given the diversity of the population; to assess their needs and the structural obstacles they face; and to formulate affirmative actions that correct these inequalities to ensure that human rights are effectively upheld in practice.
Digital registration number: 2030637 / Thesis: I.11o.C.98 K (11a.)
Individual Opinion of the Circuit Courts
Review of any alleged procedural violations that may have occurred during the proceedings to enforce the judgment.
It is sufficient that: 1) the relevant actions or rulings be related to that interlocutory proceeding; and 2) in accordance with the principle of finality governing the admissibility of the amparo action, those procedural issues have been challenged during the course of that interlocutory proceeding through the ordinary remedy or means of defense established by the procedural law governing the original proceeding.
Digital registration number: 2030638 / Thesis: I.11o.C.90 K (11a.)
Individual Opinion of the Circuit Courts
The review of the substantiated reports submitted by the responsible authorities within eight days prior to the constitutional hearing is an essential procedural step in indirect amparo proceedings.
The hearing of the parties safeguards the fundamental right to a hearing of those involved in the amparo proceeding, since their review of the evidence in the original proceeding allows them to: 1) present evidence that requires preparation; 2) expand the complaint to include acts evidenced by the records of the original proceeding and which, where applicable, were unknown to the petitioner; and 3) object at the constitutional hearing to those records that were previously unknown to them and that are evidenced by the substantiated report.
Digital registration number: 2030639 / Thesis: I.11o.C.48 C (11a.)
Individual Opinion of the Circuit Courts
A petition for an oral commercial enforcement proceeding must be dismissed when the failure to state the name and address of the estate administrator is due to the fact that the probate proceeding has not been filed.
Since the complaint must meet the requirements set forth in Article 1390 Bis 11, Section III—including the requirement to state the first name, last name, and address of the defendant—so that the judge may issue an order of enforcement. If this requirement is not met, the plaintiff may be notified. However, if the failure to meet this requirement is due to the lack of a declaration of the respective succession, a notice of default should not be issued.
Digital registration number: 2030641 / Thesis: II.1o.A.10 K (11a.)
Individual Opinion of the Circuit Courts
Language has a performative nature that plays an essential role in the construction and deconstruction of legal and social realities.
Language can perpetuate inequalities or serve as a tool to eradicate discrimination. Its inclusive use not only seeks to give visibility to historically excluded groups, but also constitutes a mechanism for guaranteeing the right to equality and non-discrimination, recognized in both national and international legal systems. Language has a performative dimension, as it not only describes reality but also transforms it and creates new norms and meanings. In the legal sphere, norms are neither neutral nor do they exist in a vacuum; rather, they convey meanings that can perpetuate inequalities or contribute to their elimination.
Digital registration number: 2030642 / Thesis: I.11o.C.53 C (11a.)
Individual Opinion of the Circuit Courts
An interlocutory ruling that determines the admissibility or inadmissibility of an interim injunction or precautionary order requested after the commencement of commercial trial proceedings is final and non-appealable.
The principle of non-appealability of judicial decisions provided for in the aforementioned Article 1390 Bis, second paragraph, applies only after the complaint initiating a commercial trial has been filed. Therefore, if preliminary injunctions are requested once the commercial trial has begun, the principle of finality clearly cannot apply to the admissibility of the appeal, since the ruling deciding on the admissibility or inadmissibility of a requested precautionary measure is indeed part of that commercial trial and, therefore, is governed by the aforementioned Article 1390 Bis, second paragraph, meaning that no appeal may be filed against it.
Digital registration number: 2030616 / Thesis: I.11o.C.97 K (11a.)
Individual Opinion of the Circuit Courts
To obtain documents to be submitted as evidence in an indirect amparo proceeding, the party requesting the documents need only state that the documents in question are in the custody of a government authority and provide proof of receipt to confirm that the relevant request has been filed.
Especially since the submission of evidence is subject to the terms set forth in Article 119 of the same statute, it is not feasible to require the party submitting the evidence to wait a reasonable period of time before requesting that the judge hearing the amparo case order the production of the relevant documents.
Digital registration number: 2030649 / Thesis: I.11o.C.95 K (11a.)
Individual Opinion of the Circuit Courts
If the petition for constitutional protection requested that notifications be sent electronically and the requirements for the petitioner to access the electronic case file were met, notifications requesting clarification of the petition must be sent electronically.
This is because the provisions of Article 26, Sections I(c) and IV, of the Amparo Law have been updated; these provisions establish that service of process must be made in person and electronically when requested, provided that an advanced electronic signature is available. Hence, if this requirement was met in the complaint, service must be effected by that means, even if the petitioner does not provide an address located in the jurisdiction where the amparo proceeding is being heard.
Digital registration number: 2030650 / Thesis: I.11o.C.44 C (11a.)
Individual Opinion of the Circuit Courts
If, in an appeal, records from a trial in which the party submitting the evidence is not a party are offered as new documentary evidence, that party cannot be required to produce the acknowledgment of receipt proving that it requested those records from the relevant authority.
If a party wishes to submit as evidence the records of a separate proceeding to which it is not a party, the subsequent documentary evidence should not be dismissed on the grounds that the acknowledgment of receipt of the request was not produced. This is because, since the party lacks standing to appear in the respective trial, their request will not receive any response. Therefore, if the evidence is rejected due to the failure to produce the acknowledgment of receipt of the respective request, a scenario is applied that does not correspond to the circumstances of the party offering the evidence, thereby imposing on them burdens that are impossible to meet.
Digital registration number: 2030656 / Thesis: I.11o.C.40 C (11a.)
Individual Opinion of the Circuit Courts
The proceedings must be reopened if, in the oral commercial enforcement proceeding, the plea of lack of jurisdiction based on a declinatory ruling was upheld and the District Court was unable to verify whether the responsible ordering authority had been replaced in the case.
If the record of the amparo proceeding shows that: (a) the judge presiding over the case no longer has jurisdiction to continue hearing the original commercial oral enforcement proceeding; and b) the contested act upheld the attachment, but it cannot be legally determined whether that determination became final or was validated by the court that declared itself competent to hear the matter, it is necessary to gather evidence to determine whether there has been a change in the ordering authority and whether the contested act remains in effect, as this will depend on what the judge declared competent has ruled.
Digital registration number: 2030660 / Thesis: I.11o.C.96 K (11a.)
Individual Opinion of the Circuit Courts
If, in an amparo proceeding, the petitioner challenges a judgment imposing a fixed monetary penalty but only contests a specific amount that the petitioner considers excessive, the stay of execution should be granted only with respect to that specific amount.
This is because the stay should not be granted with respect to the total amount for which the petitioner was ordered to pay in the contested decision, but rather should be granted only with respect to the contested portion and denied with respect to the remainder of the amount subject to the judgment. This is to ensure consistency between the relief sought by the petitioner on the grounds of violation and the relief granted in the preliminary injunction.
Prepared by Daniel Majewski del Castillo,Zusel Soto Vilchis, and Karla Mishelli Tapia Santos.
