This analysis is proposed by Judge Felipe De la Mata Pizaña in a draft ruling that will be presented for discussion and vote by the plenary session and which was released by the TEPJF this Sunday.
Why will the TEPJF analyze before the SCJN?
The Superior Chamber of the TEPJF has the power to decide not to apply electoral laws contrary to the Federal Constitution, when resolving a specific case, in which case it must give a hearing to the Supreme Court of Justice of the Nation (SCJN).
The SCJN, meanwhile, will analyze the actions of unconstitutionality that were presented – plus those that are added – against the so-called “decree” approved by Congress and in force since March 18 to reinterpret the concept of government propaganda.
According to what was approved by the legislators – with the vote of Morena and her allies – “the expressions of public servants do not constitute government propaganda, which are subject to the limits established in the applicable laws.”
With this reinterpretation, they would be exempt from complying with the prohibition of disseminating expressions (statements, writings, images, recordings) during the revocation or electoral process.
That is why the new interpretation will be analyzed when resolving a challenge by Morena to the agreement issued on March 15 by the National Electoral Institute (INE) to order that party to remove a publication in support of the president from Facebook and Twitter, a message accompanied by the signed statement by the morenista leaders in February and that it had already been ordered to be removed from the governors’ social networks.
The case of the governors was denounced by the PAN and will be the subject of a substantive resolution by the Superior Chamber. Morena’s publications were accused by Francisco Daniel Barreda Pavón, coordinator of the provisional operational commission in Campeche of Movimiento Ciudadano.
Two days after the new INE order, on March 17, Morena challenged the precautionary measures and that same day the so-called “decree” was published in the Official Gazette of the Federation (DOF), for its entry into force the following day. .
