In Constitutional Matters
- A precedent was published in which it was resolved that direct amparo claim submitted through the electronic systems of local judicial authorities are valid, even when these systems allow the submission of documents without FIREL or FIEL, as long as these systems have their own digital certificate.
- The First Chamber issued a precedent regarding the equality and inclusion rights and inclusion related to the right to sports attributed to people with disabilities. In this criterion, the chamber concluded that people with disabilities can choose to practice their sport on equal terms with people with or without disabilities, and it is the duty of public or private sports institutions to make the necessary adjustments and support measures to ensure the effective inclusion of people with disabilities in any sport.
- The First Chamber resolved that a complaint appeal is applicable against the agreement that admits a direct amparo since this agreement should be considered a mere formality.
- An isolated thesis was published in which it was resolved that indirect amparo is admissible against judgments that resolve an appeal and confirm the rejection of the exception of inadmissibility of the special mortgage
procedure, based on violations of the substantive right to the defendant’s patrimony.
Supreme Court of Justice of the Nation
Digital Record: 2027369
Instance: First Chamber
Eleventh Period
Subject(s): Common
Thesis: 1a./J. 142/2023 (11th)
Source: Judicial Weekly of the Federation.
Type: Precedent
DIRECT AMPARO CLAIMS SUBMITTED THROUGH THE ELECTRONIC SYSTEMS OF LOCAL JUDICIAL AUTHORITIES. THEY SATISFY THE PRINCIPLE OF THE AGGRIEVED PARTY INSTANCE IF THEY HAVE THE RESPECTIVE DIGITAL CERTIFICATE.
Supreme Court of Justice of the Nation
Digital Record: 2027372
Instance: First Chamber
Eleventh Period
Subject(s): Constitutional, Civil
Thesis: 1a./J. 139/2023 (11th)
Source: Judicial Weekly of the Federation.
Type: Precedent
RIGHT TO SPORT FOR PEOPLE WITH DISABILITIES. THEIR PRACTICE MUST BE GUARANTEED ON EQUAL TERMS WITH OTHER PEOPLE, SO PUBLIC AND PRIVATE SPORTS INSTITUTIONS ARE OBLIGED TO MAKE
REASONABLE ADJUSTMENTS FOR THEIR INCLUSION IN REGULAR CLASSES.
Supreme Court of Justice of the Nation
Digital Record: 2027405
Instance: First Chamber
Eleventh Period
Subject(s): Common
Thesis: 1a./J. 115/2023 (11th)
Source: Judicial Weekly of the Federation.
Type: Precedent
RECLAMATION RECOURSE. APPLICABLE AGAINST THE RULING ADMITTING A DIRECT AMPARO CLAIM.
Supreme Court of Justice of the Nation
Digital Record: 2027381
Instance: Circuit Collegiate Courts
Eleventh Period
Subject(s): Civil
Thesis: VII.2o.C.39 C (11th)
Source: Judicial Weekly of the Federation.
Type: Isolated
INADEQUACY OF THE SPECIAL MORTGAGE PROCEDURE. THE RULING OF THE APPEAL THAT CONFIRMS THE DISMISSAL OF THIS EXCEPTION CONSTITUTES AN IRREPARABLE ACT THAT VIOLATES THE SUBSTANTIVE RIGHT TO THE DEFENDANT’S PATRIMONY, AND THEREFORE, INDIRECT AMPARO IS ADMISSIBLE AGAINST IT (CIVIL LEGISLATION OF THE STATE OF VERACRUZ DE IGNACIO DE LA LLAVE).
In Family Matters
- A precedent was published in which the First Chamber interpreted Article 57 of the Family Code for the State of Morelos, as it provides that only current and future alimonies are imprescriptible, leaving doubt as to whether alimonies that were not provided in the past are imprescriptible or not.
In this regard, the First Chamber concluded that the right to receive retroactive alimonies is imprescriptible, and Article 57 mentioned cannot be understood to extinguish the right to claim alimonies that were not provided in the past. Therefore, anyone who needed alimonies during their minority and did not receive them can request their payment at any time.
- An isolated thesis was issued, in which it was resolved that the reduction of alimonies is applicable if the alimony debtor proves that changes occurred in their economic possibilities after the date when the alimony was established, such as the obligation to provide alimony to new individuals.
Supreme Court of Justice of the Nation
Digital Record: 2027373
Instance: First Chamber
Eleventh Period
Subject(s): Civil
Thesis: 1a./J. 141/2023 (11th)
Source: Judicial Weekly of the Federation.
Type: Precedent
RIGHT TO RECEIVE RETROACTIVE ALIMONY. THE FACT THAT THE FAMILY CODE OF THE STATE OF MORELOS PROVIDES THAT THE RIGHT TO RECEIVE CURRENT AND FUTURE ALIMONIES IS IMPRESCRIPTIBLE DOES NOT PRECLUDE CLAIMING ALIMONIES RETROACTIVELY THAT AN INDIVIDUAL NEEDED IN THE PAST.
