Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | On October 30, 2026, the Semanario Judicial published 31 new rulings: 17 case law decisions and 14 isolated legal opinions.
We’ve selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation, the Collegiate Circuit Courts, and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration: 2032844 and 2032845 / Thesis: P./J. 214/2026 (12th) and P./J. 213/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The use of a person's image requires their consent when there is no news or journalistic interest that justifies its publication.
Freedom of speech and freedom of the press, as well as the right of access to information, are limited by the protection of the rights of third parties, including the right to one’s own image and to privacy. Therefore, it is constitutional to require a person’s consent to use or publish their image when there are no informational or journalistic purposes that justify its dissemination, particularly if the goal is financial gain or if the photograph was taken in a private setting. This restriction seeks to prevent the unauthorized commercial exploitation of the image and unjustified intrusions into private life, without infringing upon the aforementioned constitutional freedoms.
Digital registration number: 2032848 / Thesis: PR.A.C.CN. J/62 A (12th)
Case Law of Regional Circuit Courts
Property tax payers may file an indirect amparo petition against regulations that require them to file informational returns regarding their real property.
The obligation to file an informational return regarding the occupancy of residential properties applies to property tax payers whose properties fall within certain cadastral value ranges. Although they may refuse to provide the information, this does not make compliance optional. Therefore, once the regulations take effect, they directly affect taxpayers’ legal rights and grant them standing to seek indirect constitutional protection, without having to wait for an enforcement action to occur.
Digital Registration: 2032835 / Thesis: P./J. 217/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The district courts with jurisdiction over administrative matters have the authority to hear amparo petitions challenging the guidelines for identifying mobile phone lines.
The Guidelines on the Identification of Mobile Phone Lines regulate technical aspects of telecommunications services and impose obligations on service providers, such as safeguarding user information and creating platforms for user registration. Because these guidelines were issued by the Telecommunications Regulatory Commission and require specialized knowledge regarding the provision of these services, legal challenges against them must be resolved by District Courts specializing in economic competition, broadcasting, and telecommunications.
Digital registration number: 2032856 / Thesis: PR.A.C.CN. J/8 C (12a.)
Case Law of Regional Circuit Courts
When a complaint is filed against a ruling that dismisses a claim to an intestate estate on the grounds that the court lacks jurisdiction, the matter is decided by a different court.
A judge may decline to hear an intestate succession case if he or she considers that he or she lacks jurisdiction; however, when the judge returns the complaint to the interested party without referring it to another court, he or she prevents the proceedings from commencing. Therefore, such a ruling is equivalent to dismissing the complaint and may be challenged by filing a motion to quash, regardless of the name the judge may have given it.
Digital registration number: 2032855 / Thesis: XXIII.2o. J/1 K (12a.)
Case Law of the Circuit Courts of Appeals
The appeal challenging the refusal to impose a fine for failure to comply with an amparo ruling is inadmissible.
A complaint is inadmissible against a judge’s failure or refusal to impose a fine for noncompliance with an amparo ruling, because such a sanction is not the primary objective of the proceeding; rather, the objective is to ensure compliance with the ruling for the benefit of the complainant. Furthermore, the judge has other measures at his or her disposal to enforce compliance, such as imposing new sanctions, ordering the removal of the responsible authorities, or initiating proceedings for failure to comply with the ruling.
Digital registration number: 2032839 / Thesis: VI.3o.A.68 A (12a.)
Individual Opinion of the Circuit Courts
Actions arising from the breach or enforcement of terms agreed upon in administrative contracts cannot be challenged through an amparo proceeding when there is no legal authority to support their enforcement.
The special powers granted to an authority under an administrative contract may only be considered prerogatives of public authority when they are expressly provided for and regulated by law. If they are established solely in the contract, without legal basis, they are considered contractual terms and not powers of authority. Therefore, acts performed based on those clauses are not acts of authority for the purposes of an amparo proceeding, but rather acts arising from a contractual relationship.
Digital registration number: 2032843 / Thesis: II.3o.A.1 K (12a.)
Individual Opinion of the Circuit Courts
The denial of a petition for amparo must be reviewed under conditions that guarantee the complainant’s freedom and freedom from coercion.
When a person files an amparo petition on behalf of another who is unable to do so—to challenge acts that affect that person’s liberty or personal integrity—the latter’s refusal to ratify the petition can only be accepted if it is proven that the refusal was expressed freely and without pressure. Therefore, the judge must verify that there are no circumstances of intimidation, coercion, or subordination. If there are indications that the refusal may not have been voluntary, the proceeding must be repeated under conditions that guarantee an authentic, informed, and pressure-free decision before the amparo proceeding is terminated.
Digital registration number: 2032863 / Thesis: VI.3o.A.70 A (12a.)
Individual Opinion of the Circuit Courts
The executor cannot obtain permission through a provisional suspension to invoice the sale of gasoline and diesel in her own name if the authorization is still registered in the deceased person's name.
Invoices for the sale of gasoline and diesel must be issued using the RFC of the person listed as the holder of the valid permit, to ensure tax compliance and prevent irregularities in the sale of fuel. Therefore, it is not appropriate to grant a temporary suspension so that the executor can issue invoices using their own RFC. However, the estate may continue to operate and issue invoices using the deceased person’s RFC while the change of ownership of the permit is being processed with the appropriate authority.
Digital registration number: 2032850 / Thesis: VI.3o.A.67 A (12a.)
Individual Opinion of the Circuit Courts
The obligation to return what was received when a contract is voided applies to both absolute and relative nullity.
When a legal act is declared null and void, the parties must return to each other whatever they received as a result of that act, regardless of whether the nullity is absolute or relative, since both produce the same effect: rendering the act invalid and eliminating its legal consequences.
Digital registration number: 2032857 / Thesis: VI.3o.A.7 K (12a.)
Individual Opinion of the Circuit Courts
The appeal is inadmissible against the decision to require an authority other than those responsible to comply with the definitive suspension of the amparo.
The appeal challenging the decision to order an authority other than those identified as responsible to comply with the definitive suspension is inadmissible, because that determination does not cause serious or irreparable harm. This is because the suspension must be upheld until a final judgment is rendered, and any dispute regarding its enforcement may be reviewed through a motion for excess or defect in the execution of the measure.
Digital registration number: 2032852 / Thesis: I.9o.C.1 C (12a.)
Individual Opinion of the Circuit Courts
Possession arising from a lease does not terminate upon the lessee's death and must be returned to the lessee's estate.
Inheritance is the succession to all assets, rights, and obligations that do not cease upon death, and a lease agreement does not terminate upon the lessee’s death, unless otherwise agreed. Consequently, it is not valid to argue that the tenant’s death creates a legal impossibility to comply with the aforementioned order, since possession is a protectable right that forms part of the estate, and the role of the executor exists precisely to exercise the necessary actions and defenses regarding the deceased’s property and rights; furthermore, the tenant’s death does not remedy the unconstitutionality of an illegal eviction.
Thus, full compliance with the final judgment in the amparo proceeding requires eliminating the effects of the contested act, which can only be achieved by materially restoring possession of the property to the estate, through its executor.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
