Eduardo Murillo
Newspaper La Jornada
Thursday, January 12, 2023, p. eleven
The Supreme Court of Justice of the Nation (SCJN) confirmed the validity of an amparo granted against the Law for Transparency, Prevention and Combat of Improper Practices in Advertising Recruitment, promulgated in June 2021 to, among other things, prohibit that agencies dedicated to this activity resell spaces in the media. The approved decision will not establish jurisprudence.
The amparo was promoted by Jorge Raúl Puente Bermúdez, who argued that this norm contravenes the constitutional rights of free trade and work, in addition to the principle of autonomy of will.
The appeal was granted in the first instance; however, the Presidency of the Republic and the Chamber of Deputies challenged the ruling before a collegiate court and the case finally reached the SCJN.
The rapporteur minister, Juan Luis González Alcántara Carrancá, stated that by prohibiting this intermediation the challenged law gives the State the power to intervene in commercial relations that must be free and subject only to the will of the parties: “This first room coincides with the court to which (from which the first favorable ruling came) in the sense that, in the case of the autonomy of the will (in relation to contractual and contractual freedoms), the State must guarantee a wide margin of action to people, since it is about of a generic good necessary to make their autonomy possible, on the basis of which the freedom to carry out any conduct that does not harm third parties is guaranteed”, states the approved draft sentence.
The amparo was endorsed by only three votes of the five members of the first room, for which reason it cannot be considered as a mandatory precedent for similar cases.
