The foregoing, in compliance with what was ordered by the Superior Chamber in the SUP-REP-538/2022 ruling and due to his attendance at events in the State of Mexico and Coahuila, reported the Electoral Tribunal.
However, against the precautionary measure, various appeals for review of the special sanctioning procedure were filed.
The Superior Chamber of the Court, at the proposal of Judge Felipe de la Mata Pizaña, with the votes against Judge Indalfer Infante Gonzales and Judge President Reyes Rodríguez Mondragón, revoked the preventive measure considering that, from a preliminary analysis, it does not appear illicit conduct that justifies its adoption.
“In this regard, it was indicated that preventive guardianship is a protection against the danger that illicit conduct continues or is repeated, so that its adoption requires a high, real and objective probability that such conduct will be carried out” .
The Court indicated that there are no elements to consider that the denounced behaviors were unlawful, since the public servants in question: “i) did not have an active participation in the denounced event; ii) attended on a non-business day; and iii) in the case of parliamentarians, they were not absent from their work.”
