The decision was made by majority and with the vote against magistrate Janine Otálora Malassis, who warned: “We cannot cancel access to justice.”
“Justice must be sought and not consider the unfeasibility of effects” for having completed insaculation, he estimated.
The magistrate rejected that the existence of listings whether irrevocable acts and “consider it thus affect the right of access to justice enshrined in the Federal Constitution and in the international treaties ratified by the State. It is my criteria that we cannot make this right void. ”
He explained that it is a right of citizen List of candidates to include in the ballots.
Gil Zuarth’s case was the most notorious of those resolved by the TEPJF. In that case, magistrate Reyes Rodríguez, who worked with the PAN.
Together with him, there were several candidates who saw their aspirations truncated with the decision, since its exclusion was considered consummated and irreversible.
Among those applicants were Malinalli Liliana Islands Santiago; Héctor Javier Aguilar Rodriguez; Merit Sadait Sánchez Lugo; Gabriela de Jesús Casillas Caravantes; Ana Paulina Ortega Rosado; Samuel Guerrero López; Claudia Hernández Ibarra; Andrés Cabrera García; Oscar Julio César Salazar Romero and Ricardo Fragoso Becerra, among others.
In the resolution of the cases, it was evidenced that the Senate of the Republic incurred multiple errors in the process of insaculation of applicants who were registered in the Judiciary – and whose topographus made substitute – and in the draw for names of people who They were noted before the Evaluation Committee of the Legislative Power, while the Executive Power Committee also incurred yerros.
Among these the raffle of people who should not go to insaculation, because it was only appropriate when there were more candidates than charges to choose.
In other cases, the Senate was ordered to include people and send the lists to the Supreme Court of Justice of the Nation (SCJN) that today in a private session has already rejected the listings.
