The Mexican Bar Association (BMA) warned the Supreme Court of Justice of the Nation (SCJN) that the review of previous rulings would generate “general uncertainty” in legal matters in the country.
This Monday, the BMA released a statement on SCJN, Hugo Aguilar, with their peers, to review some of the rulings issued by their predecessors.
In the text, the Barra says “no to the elimination of the principle of res judicata” because, according to its document, the certainty that disputes already decided definitively cannot be modified or reopened, ”It is essential to guarantee the stability of the legal order, confidence in justice institutions and social peace.”.
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“Any attempt to review or ignore sentences that have become final, outside the procedural channels expressly provided for in the law, would seriously violate the principles of legality, division of powers, legal certainty and due process. This could generate a situation of generalized uncertainty regarding the effects of judicial resolutions, affecting both individuals and State institutions,” the document states.
Therefore, the document signed by Ana María Kudish Castellópresident of the organization, made a “respectful but energetic” call to the Court to “firmly preserve the principle of res judicata, the cornerstone of the Mexican justice system and an essential guarantee for all citizens.”
Two days ago, a national media outlet reported that the presiding minister of the Mexican Supreme Court opened a consultation with his peers to review whether the new integration can review some sentences issued by the defunct chambers.
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According to the newspaper, the consultation was turned over to the minister Lenia Batres he October 10 to review it and, where appropriate, prepare a project for the Plenary to discuss.