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July 26, 2025
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SCJN ministers work against clock to close files

Iván Evair Saldaña

La Jornada newspaper
Friday, July 25, 2025, p. 13

The Supreme Court of Justice of the Nation (SCJN) works against clock to end, before August 14, with the lag of hundreds of swelling – the final and official version of the sentences – some of which are pending for more than three years.

Without swelling, failures cannot have full legal effects or published in the Judicial Weekly of the Federation or the Official Gazette of the Federation (DOF).

Sources of the highest court reported that, until the last report of this month, the Plenary lacked 24 of 90 swells, while the First Chamber had 218 earrings of 740, and a similar figure is estimated in the second room.

The commitment of the outgoing ministers, assumed last March 10 in General Agreement 3/2025, was not to leave any swell without closing so that on August 31, the current integration of the Court concludes the exercise of its functions in the appropriate conditions, in such a way that the new members of this high court develop their powers to fullness as of September 1 of that year.

Even to fulfill that purpose, the ministers since last April the sessions in the Court: the Plenary went from three weekly sessions to only one, and the rooms, from a weekly one every 15 days.

With this, the closure of files that were saved for years, such as the ruling on the direct protection in 1211/2020, which made the difference on the right to legal advice that the victims and the accused have.

This Engrose was published this month in the Judicial Weeklyalthough it was resolved by a majority of three votes since March 30, 2022 by the First Chamber.

Another relevant case was that of direct amparo in review 4306/2020, resolved on January 25, 2023, in which the First Chamber established a mandatory criterion according to which a private insurance company can be responsible for moral damage when it breaches the contract and violates the right to privacy of the insured person. His swelling was published this month, more than a year after the ruling.

In matters of amparo, the swelling of the resolution on complaint 3/2023 was also recently released, in which it was established that an incident of damages by suspension cannot be discarded only because an amount greater than the one of the set guarantee is claimed. This criterion, approved on July 5, 2023, accumulated several concurrent votes and its Engrose was delayed a year.

In the opposite, there are issues in which the Engrose did not take long, as in the ruling of direct protection in revision 4788/2024, in which on March 26, the First Chamber unanimously determined that the penalty of five years in prison for the crime of military insubordination does not violate the principle of proportionality.

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