Theses and Case Law/ Litigation / by Daniel Majewski del Castillo.
On #ThesisFriday | March 27, 2026, the Judicial Weekly published 32 new rulings: 18 precedents and 14 isolated theses.
We have 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 record: 2031967 / Thesis: P./J. 42/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The suspension of judicial proceedings and procedural deadlines ordered in response to the health emergency caused by the SARS-CoV-2 virus does not mean that late payment interest arising from the breach of contractual obligations ceases to accrue.
Default interest constitutes a legal consequence of the debtor’s breach of contract; it is of a substantive nature, and its accrual does not depend on the course of procedural deadlines or the actions of the courts, but exclusively on the delay in fulfilling the principal obligation. Consequently, the suspension of procedural deadlines ordered due to extraordinary circumstances, such as a public health emergency, does not exempt the debtor from paying default interest, which is interrupted only upon payment of the agreed-upon obligations.
Digital registration: 2031977 / Thesis: P./J. 37/2026 (12th)
Case Law of Regional Circuit Courts
When calculating the deadline for filing an indirect appeal against a traffic fine imposed on the driver of a vehicle in the absence of the vehicle’s owner, the date on which the owner was directly notified must be taken into account.
It cannot be asserted that the vehicle owner was notified of or had knowledge of the fine resulting from a traffic violation simply because the relevant ticket or notice was handed to the driver, as this would imply that the driver would necessarily inform the owner of the official action, which is not admissible in an amparo proceeding. Therefore, the joint and several liability provided for in certain legal systems between the vehicle owner and the driver, with respect to traffic violations committed by the latter, cannot have the effect of nullifying the petitioner’s right to file an amparo petition within the statutory time limit, which must be calculated from the date of notification or from the date on which the petitioner became aware of the contested act.
Digital registration: 2031977 / Thesis: P./J. 37/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Jurisdiction over indirect constitutional protection actions concerning personal data lies with non-specialized district courts, provided that such actions do not directly challenge transparency or data protection laws or acts of regulatory authorities.
This is because the now-defunct Second Chamber of the Supreme Court of Justice of the Nation, in its jurisprudential ruling 2a./J. 24/2009, held that the subject-matter jurisdiction of specialized courts must be determined based on the nature of the act being challenged and the responsible authority, not on the substantive rights that the complainant believes have been violated. In this case, the challenged regulations pertain to matters of population and enforced disappearance, whose primary purpose is the identification and location of persons, not the autonomous regulation of the processing of personal data. Therefore, although the underlying issue concerns potential impacts on privacy and the processing of biometric data, this is not sufficient, in and of itself, to transfer jurisdiction to specialized courts.
Digital registration number: 2031958 / Thesis: I.20o.A.91 A (11a.)
Individual Opinion of the Circuit Courts
The effects of the ruling granting the writ of amparo for the violation of the principle of challenge to commercial judgments. The authority competent to modify the designated use and boundaries of a tract of land declared a protected natural area is the same authority that originally designated it as such.
This is because protected natural areas fall under the jurisdiction of the federal government and are established by a proclamation issued by the head of the federal executive branch, which must be published in the Official Gazette of the Federation and notified in advance to the owners or possessors of the affected properties. Therefore, any changes to the designation or boundaries of protected natural areas with specific characteristics and dimensions must be issued by the authority that originally established them as such
Digital record: 2031963 / Thesis: XXX.4o.5 K (12a.)
Individual Opinion of the Circuit Courts
The deadline for filing an application for indirect amparo is not suspended due to the recess of the District Court to which the case was assigned.
In the case of an indirect amparo petition, this scenario does not apply, because the case was not already pending; rather, it is a newly filed case, which must be randomly assigned among the District Courts that are not currently on recess, in which the deadlines will be calculated in the ordinary manner, in accordance with the provisions of Article 16 Decies of the General Agreement of the Plenary Session of the Federal Judiciary Council, which establishes the rules governing the administrative activities of the courts.
Digital registration number: 2031966 / Thesis: II.4o.A.2 K (12th)
Individual Opinion of the Circuit Courts
A motion for non-enforcement of a judgment in an indirect amparo proceeding is inadmissible when the judge presiding over the amparo proceeding has already ruled on the failure of the responsible authorities to comply with the judgment, or on whether they did so in a willful or improper manner.
Although the purpose of the motion for failure to comply with a judgment is to examine and determine whether the responsible authorities have failed to comply with a final judgment issued in an amparo proceeding when so required, the law itself does not authorize the division of the procedure for enforcing such judgments; therefore, the judge is neither obligated nor empowered to divide it, and this procedure must maintain unity and order at all times. Consequently, where there is a partial finding of noncompliance with the writ of amparo, the motion in question is inadmissible.
Digital record: 2031980 / Thesis: III.3o.C.5 K (12th ed.)
Individual Opinion of the Circuit Courts
An incidental appeal becomes moot if the decision definitively resolving the constitutional action becomes final.
If, pursuant to Article 130 of the Amparo Law, the stay remains in effect until a final judgment is rendered in the amparo proceeding, then if the case has already been decided on the merits and a ruling has been issued declaring the judgment final, it is clear that the incidental review is without merit.
Digital registration number: 2031984 / Thesis: XVII.1o.P.A.3 A (12th)
Individual Opinion of the Circuit Courts
Compensation for emotional distress must be calculated in UMAS when determining the State’s administrative liability.
The Update Measurement Unit (UMA) is the most appropriate benchmark for calculating compensation for emotional distress when determining the State’s administrative liability, because it serves as the basis for calculating compensation in accordance with Article 1915 of the Federal Civil Code; it is neither regressive nor does it violate the principle of progressivity, as it complies with the constitutional prohibition against using the minimum wage as a reference and seeks to maintain proportionality and equity in compensation.
Prepared by Daniel Majewski del Castillo.
