In Constitutional Criminal Law
The First Chamber declared unconstitutional Article 142, Section I, of the Banking Institutions Law, considering that it violates the right to privacy by allowing the Attorney General of the Republic or the public servant to whom powers are delegated to request banking information from financial institutions for criminal purposes without judicial authorization.
“Supreme Court of Justice of the Nation
Digital Record: 2027468
Instance: First Chamber
Eleventh Era
Subject(s): Constitutional, Criminal
Ruling: 1a./J. 150/2023 (11th)
Source: Federal Judicial Weekly
Type: Precedent
BANKING SECRECY. ARTICLE 142, SECTION I, OF THE BANKING INSTITUTIONS LAW VIOLATES THE RIGHT TO PRIVACY.”
In Civil Matters
The foundation and requirements for issuing digitally certified copies and sending them to interested parties via the institutional email of the judicial organ or public servant are continuously being established.
“Supreme Court of Justice of the Nation
Digital Record: 2027431
Instance: First Chamber
Eleventh Era
Subject(s): Civil, Common
Ruling: 1a./J. 148/2023 (11th)
Source: Federal Judicial Weekly
Type: Precedent
DIGITALLY CERTIFIED COPIES OF JUDICIAL RECORDS. FORMALITIES TO BE OBSERVED FOR THEIR TRANSMISSION IN DIGITAL FORMAT THROUGH EMAIL.”
In Administrative and Health Matters
The First Chamber ruled that in the case of diseases that require periodic medication, there is a duty of diligence on the part of the State. It should adjust its health, legal, administrative, and financial institutions to prevent a violation of the human right to health.
It also ruled that this right is violated when medications are not provided to patients in a timely manner. Health institutions are obligated to plan and adopt all necessary measures to ensure that there is no shortage.
Furthermore, an isolated ruling was issued stating that the IMSS (Mexican Social Security Institute) is obligated to continue providing health services, even if a child is no longer a beneficiary, especially in cases of urgency or when other public health institutions cannot efficiently provide the required services.
“Supreme Court of Justice of the Nation
Digital Record: 2027440
Instance: First Chamber
Eleventh Era
Subject(s): Administrative, Constitutional
Ruling: 1a./J. 151/2023 (11th)
Source: Federal Judicial Weekly
Type: Precedent
HUMAN RIGHT TO HEALTH. IN CASES REQUIRING PERIODIC MEDICATION, THE STATE HAS A DUTY OF DILIGENCE THAT SHOULD BE STRENGTHENED.”
“Supreme Court of Justice of the Nation
Digital Record: 2027438
Instance: Circuit Collegiate Tribunals
Eleventh Era
Subject(s): Constitutional, Common
Ruling: III.1o.A.6 K (11th)
Source: Federal Judicial Weekly
Type: Isolated Ruling
HUMAN RIGHT TO HEALTH. THE EFFECTS OF THE AMPARO (LEGAL PROTECTION) GRANTED TO ENSURE THE INSTITUTE MEXICAN SOCIAL SECURITY (IMSS) CONTINUES TO PROVIDE URGENT HEALTH SERVICES TO A CHILD SHOULD NOT BE CONDITIONED ON THEIR CONTINUED BENEFICIARY STATUS OR THE VALIDITY OF RIGHTS.”
In Labor Matters
The Regional Plenum in Labor Matters for the Central-Southern Region ruled that it is appropriate to grant provisional suspension of the contested act with restitutory effects when the act in question is the omission of the responsible authority to proceed with the execution of an award.
In doing so, attention should be paid to the presumed bonum ius and an assessment of whether the complainant asserts a legitimate interest, whether the violation could cause them imminent and irreparable harm, and whether the execution of the award is a matter of public order.
It is important to note that the suspension cannot modify or restrict rights or establish any rights that the complainant did not have before the filing of the lawsuit.
“Supreme Court of Justice of the Nation
Digital Record: 2027476
Instance: Regional Plenums
Eleventh Era
Subject(s): Common, Labor
Ruling: PR.L.CS. J/41 L (11th)
Source: Federal Judicial Weekly
Type: Precedent
PROVISIONAL SUSPENSION WITH RESTITUTORY EFFECTS. IT IS APPROPRIATE TO GRANT IT AGAINST THE FAILURE OF THE LABOR AUTHORITY TO CONTINUE WITH THE EXECUTION OF AN AWARD.”
