Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, andRaúl Alonso Flores Hernández.
On #ThesisFriday | On July 3, 2026, the Semanario Judicial published 45 new rulings: 17 case law decisions and 28 isolated legal opinions.
We’ve selected the most relevant ones for you, which were issued by the Collegiate Circuit Courts and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration number: 2032361 / Thesis: PR.A.C.CN. J/51 A (12a.)
Case Law of Regional Circuit Courts
The indirect amparo action challenging the decision issued by the now-defunct INAI that concludes the verification proceeding is inadmissible.
In accordance with data protection legislation, the INAI’s verification procedure consists of three consecutive stages (investigation, verification, and imposition of sanctions); therefore, the decision that concludes the second stage and orders the initiation of the sanctions stage is not a final ruling, but rather an intra-procedural and preparatory act. Consequently, and in accordance with the Amparo Law, such a procedural step cannot be challenged through an indirect amparo proceeding, since this legal remedy is only admissible until the final decision concluding the sanction imposition procedure is issued.
Digital registration numbers: 2032365 and 2032366 / Thesis: P./J. 143/2026 (12th) and P./J. 152/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The reform decree of May 8, 2023, on mining and water concessions does not violate the principle of nonretroactivity of the law, and in order to challenge it through an indirect amparo proceeding, a specific prior act of application is generally required.
Additions, amendments, and repeals to the applicable legislation governing mining and water concessions—by establishing new obligations, procedures, and methods for applying for and obtaining concessions—do not violate the principle of non-retroactivity of the law, since the regulatory nature of the law does not constitute an acquired right for concession holders and because the mineral and water resources of the subsoil are the original property and under the direct control of the Nation; therefore, the State may modify its regulations in the interest of the public good and social welfare. In this regard, the mere entry into force of such modifications does not affect the legal rights of citizens; thus, in accordance with the Amparo Law, procedural and punitive provisions require a specific act of application before they can be challenged through an indirect amparo proceeding.
Digital registration: 2032380, 2032388, 2032389, 2032387, and 2032392 / Thesis: P./J. 153/2026 (12a.), P./J. 154/2026 (12th), P./J. 155/2026 (12th), P./J. 156/2026 (12th), and P./J. 157/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The Secular State and Freedoms of Religion, Conscience, and Ethical Convictions: Constitutional Content and Scope, and Their Protection in Relation to the Right to Wear an Islamic Headscarf or “Hijab” in a Regular Passport Photo.
Mexico’s model of secularism, in accordance with the principle of religious neutrality, requires the State to maintain active neutrality—separating itself from the Church—while broadly protecting freedom of conscience, which encompasses not only religious beliefs but also agnosticism, atheism, and the right not to be discriminated against on those grounds. This protection has both an internal and an external dimension, which requires that public regulations and procedures—such as the requirement to appear bareheaded in passport photographs—be interpreted flexibly to allow, as an exception, the wearing of religious attire (such as the “hijab”) provided that it does not impede identification, thereby avoiding the sacrifice of individuals’ rights in the interest of protecting national security.
Digital registration number: 2032367 / Thesis: I.16o.C.3 C (12a.)
Individual Opinion of the Circuit Courts
To determine whether, in the course of a lawsuit, it is appropriate to turn over the deposit of income to a creditor before a final judgment has been rendered, the judge must take into consideration both the right to receive such income and the applicant’s standing.
The current procedural law applicable to Mexico City allows a debtor to make a payment in order to discharge their obligation when the creditor refuses to accept it or is unable to do so. However, the law does not clarify what should be done if this occurs during a lawsuit and the creditor requests immediate delivery of the money before the judgment is rendered. Therefore, the judge must assess in each case whether it is feasible to release such payments in advance, determining whether the right to receive them is in dispute and verifying the claimant’s standing, thereby avoiding unnecessary delays that could affect the creditor’s assets when the creditor’s right is clear.
Digital registration number: 2032371 / Thesis: I.10o.C.7 K (12a.)
Individual Opinion of the Circuit Courts
With regard to the update of res judicata, when the rights of minors are involved, there must be a more thorough analysis of the relationship between the previous ruling and the act challenged in the amparo proceeding.
Since res judicata is intended to ensure legal certainty, its application in amparo proceedings must be aligned with the protection of human rights and access to justice, particularly when the rights of children and adolescents are involved; the principle of the best interests of the child requires that res judicata be applied only in exceptional and restrictive circumstances. Thus, the mere existence of a prior ruling is not sufficient to dismiss a case, as strict substantive correspondence is required to fully demonstrate that the child’s well-being has already been analyzed and definitively decided, thereby preventing procedural rigidity from unduly hindering the substantive analysis and the comprehensive protection of children.
Digital registration: 2032376 and 2032390 / Thesis: I.16o.C.4 C (12a.) and I.16o.C.5 C (12a.)
Individual Opinion of the Circuit Courts
Claims for emotional distress and punitive damages may be filed against insurance companies in response to improper and unjustified conduct, as well as for the use of discriminatory language based on gender stereotypes or prejudices.
Moral damages consist of an infringement of non-pecuniary rights, and given the difficulty in proving their effects, they are presumed to have been established once the harmful act is demonstrated. This analysis must be conducted from a gender perspective to identify discriminatory or stereotype-based conduct. When a differentiated impact of this nature is established, not only is compensation for the harm warranted, but also, in exceptional cases, the imposition of punitive damages, in order to sanction the responsible party’s conduct, prevent them from obtaining an undue benefit, prevent the recurrence of similar acts, and ensure comprehensive redress for the victim.
Digital Registration Number: 2032401 / Thesis: VI.1o.A.5 K (12a.)
Individual Opinion of the Circuit Courts
A defective complaint must be remedied when the original proceeding is dismissed without adherence to the applicable legal framework.
If the court improperly dismisses or quashes the case, it prevents the merits of the dispute from being examined and leaves the complaining party without a means of defense. Therefore, when such illegality is evident, the court must remedy the deficiency in the complaint—even if the affected party has not raised a specific grievance—in order to guarantee effective judicial protection and prevent a procedural error from unjustifiably depriving the party of a ruling on the constitutionality or legality of the contested act.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, andRaúl Alonso Flores Hernández.
