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October 4, 2025
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Sheinbaum requires respecting non -retroactivity in amparo

Alma E. Muñoz and Alonso Urrutia

La Jornada newspaper
Friday, October 3, 2025, p. 4

President Claudia Sheinbaum Pardo demanded respect for the Constitution and questioned the Senate of the Republic for including in the new Amparo Law a transitory article of retroactivity, which is prohibited by the same Magna Carta.

He pointed out that it will be up to the Chamber of Deputies to review the article, and if he decides to maintain it, in his argument he must “make it clear that the retroactivity established in the Constitution is safe and what this transitory refers to, so that there is no problem in the application of the law”.

He said that the amendment he sent “did not have this aggregate made in the Senate.”

Therefore, he demanded: “First we must respect the Constitution, which clearly defines that there should be no retroactivity in the laws”, unless there are changes in the Magna Carta “and the conditions for previous contracts or other actions are established.

“Let’s see exactly why they incorporated this transitory,” he said.

The president insisted that in the laws “there can be no retroactivity … I am not a lawyer, but why (the transitory),” she criticized.

He said that the Magna Carta is not modified by the Amparo Law, and cited three of the main changes to the norm: time reduction in court to resolve cases, particularly commercial and fiscal debts faster.

Before presumption of money laundering, the suspension for freezing of accounts does not proceed, until it is resolved in the background, and in the face of resolutions of the Supreme Court of Justice of the Nation there can be no immediate suspension, until the final process. “And if a judge grants it, (the debtor) has to deposit what owes to the treasury.”

Then, he said, “I am not aware of why the Senate or the Senate commission incorporated this transitory; from my point of view, it must be guaranteed that the judgments that are today in amparo and have not reached the Court have to continue with the previous laws because it is a previous procedure.”

The issue, he said, is that the new law will apply with the new amparos, even if it is a case of the past. Therefore, the Chamber of Deputies “will have to review” the relative to that transitory, as will also do the legal counselor, Ernestina Godoy, he said.

–Morena did not consulted with the legal counseling? He asked.

–The Senate put that point. Here is an issue of guaranteeing non -retroactivity, as the Constitution clearly establishes, beyond whether or not it was consulted.

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