Theses and Case Law/ Litigation / by Daniel Majewski del Castillo, Zusel Soto Vilchis, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | May 8, 2026, the Judicial Weekly published 53 new rulings: 16 precedents and 37 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 Circuit Collegiate Courts:
Abstracts
Digital registration: 2032081 / Thesis: P./J. 62/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
In a constitutional challenge, a declaration of invalidity with retroactive effect may be issued with respect to general provisions when the invalidated portion renders the entire provision to which it belongs unenforceable.
The Supreme Court has held that, when a general provision is declared invalid, that invalidity must also extend to any provisions or parts of the text that depend directly on it—even if they have not been challenged—when their removal would render the remainder of the provision meaningless, contradictory, or otherwise inapplicable, since there is such a close grammatical and functional relationship that the provision as a whole becomes inoperative.
Digital registration: 2032089 / Thesis: P./J. 60/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Regulations that provide for the collection of municipal fees for the issuance of operating licenses related to the generation, transmission, or distribution of electricity are unconstitutional.
The Constitution stipulates that the electricity sector is a strategic area reserved exclusively for the Federal Government; therefore, only the Federal Government may plan, oversee, regulate, and legislate in this matter. Consequently, when a municipal revenue law establishes the collection of fees for operating licenses related to the generation, transmission, or distribution of electricity, it encroaches upon a federal jurisdiction, as it makes activities specific to the national electricity system contingent upon the payment of local taxes, which is unconstitutional.
Digital registration: 2032105 / Thesis: PR.A.C.CN. J/4 C (12th)
Case Law of Regional Circuit Courts
A claim filed with the financial institution’s specialized unit suspends the statute of limitations for ordinary legal action arising from an insurance contract.
This is because, although the two claims are distinct, both affect the statute of limitations: a claim filed with the financial institution suspends the statute of limitations, while a claim filed with Condusef interrupts it. Therefore, the consumer may choose either of these two avenues, provided that the claim is filed within the statutory time limit set forth in the Insurance Contract Act.
Digital registration number: 2032067 / Thesis: I.20o.A.30 A (12a.)
Individual Opinion of the Circuit Court of Appeals
Protests by women who claim to perform unpaid care work should be assessed from an intersectional gender perspective.
Historically, women have been disproportionately burdened with unpaid caregiving responsibilities within the home, which often go undocumented and are therefore difficult to prove in court. For this reason, when a woman states under oath that she performs these activities, her statement must be evaluated from a gender perspective, without requiring her to provide excessive evidence.
Digital registration number: 2032068 / Thesis: I.10o.C.3 C (12th)
Individual Opinion of the Circuit Courts
A civil action may be brought to claim damages or compensation arising from liability covered by an insurance contract, brought by a third party who has suffered direct harm against an insurer.
Although insurance is a commercial contract, when an affected person directly claims compensation for civil liability from the insurer, the obligation does not arise from the insurance contract, but rather from the damage caused by the incident, such as a traffic accident. Therefore, if the complaint indicates that the claim arises from an accident and civil liability, the commercial oral proceedings do not apply, and the judge may dismiss the complaint from the outset, as this is a procedural requirement that the judge must review ex officio.
Digital record: 2032076 / Thesis: XXX.4o.7 K (12a.)
Individual Opinion of the Circuit Courts
For the purposes of an amparo proceeding, an entity may be considered the responsible authority even if it has formally been named as an interested third party in an administrative lawsuit.
Even when an interested third party initially appears as a party in an administrative lawsuit, that party acquires the status of an authority when the judgment requires it to perform, modify, rescind, or refrain from performing administrative acts in the exercise of public powers capable of affecting the legal rights of the individual. Therefore, if, in order to comply with the ruling, it must perform mandatory acts vis-à-vis a person or provide a public service under certain terms, it must be considered an authority for the purposes of the amparo.
Digital registration number: 2032084 / Thesis: VI.3o.A.3 K (12th)
Individual Opinion of the Circuit Courts
The deadline for filing the complaint begins on the day following the date on which the act takes effect in accordance with the law.
When the regulation governing the contested act provides that notices are deemed to have been served as of the business day following the day on which they take effect, this should not be interpreted to mean that the time limit for filing an amparo action begins to run from the day following that date. On the contrary, the first day on which the action may be filed is precisely the day on which the notification was legally served, as it is the day following the day on which the notification took effect.
Digital registration number: 2032090 / Thesis: VI.3o.A.23 A (12a.)
Individual Opinion of the Circuit Courts
The joint and several liability of the vehicle owner for violations detected by automated enforcement systems is constitutionally valid, given the practical impossibility of identifying the driver.
This joint and several liability is justified as a reasonable consequence of the design of a transportation system aimed at fulfilling the constitutional duty to ensure road safety and foster a culture of respect for traffic laws, in which people’s safety is protected and traffic accidents are prevented.
Digital record: 2032110 / Thesis: XVII.1o.P.A.46 A (11a.)
Individual Opinion of the Circuit Courts
The effects of the injunction granting the IMSS the order to provide the petitioner with the medical services required for their gender reassignment should not be contingent upon the petitioner’s continued enrollment.
While it is true that the medical care provided by the IMSS is a direct consequence of the insured worker’s continued employment, it is also true that, on the one hand, due to their structural vulnerability—resulting from the interplay of multiple social factors that affect the full exercise of their human rights, including access to basic services such as employment, given their status as a transgender person; and, on the other hand, as a guarantee of protection for their human right to health.
Digital registration number: 2032118 / Thesis: I.10o.C.1 K (12th)
Individual Opinion of the Circuit Courts
A stay may be granted in an amparo proceeding challenging interim measures issued in civil or commercial proceedings when such measures do not preserve the subject matter of the original proceeding or impose restrictions.
This should be granted when interim measures ordered in a civil or commercial proceeding exceed their instrumental function—whether by imposing general obligations, altering the preexisting legal situation, restricting the exercise of rights, or halting a constitutionally protected arbitration proceeding—and thus fail to preserve the subject matter of the original proceeding and, instead, result in ongoing violations of human rights.
Digital record: 2032113 / Thesis: XV.2o.1 K (12th)
Individual Opinion of the Circuit Courts
The right to file a motion for review under indirect amparo by the competent authorities, private individuals acting in their capacity as competent authorities, or third-party authorities with a vested interest.
The time limit for filing the appeal begins to run from the date on which the official notification of the appealed decision was legally served on the relevant authority by an authorized notary public appointed by the District Court.
Prepared by Daniel Majewski del Castillo, Zusel Soto Vilchis, and Frida Isabel Velázquez Vargas.
