The minister Lenia Batres proposed that the new Supreme Court of Justice of the Nation (SCJN) look for a mechanism to break the principle of “res judicata” and annul final sentences, supported by the majority of the Court, with the opposition of Yasmin Esquivel.
The majority of ministers supported that final sentences can be subject to review, when it is a “fraudulent res judicata.”
During this Wednesday’s session, the discussion of a matter about a woman who sued her ex-husband and a company annulment of a trial concluded due to the simulation of a debtserved for the ministers to establish their general positions on the principle of res judicata, while a new project of that case will be prepared.
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At least five ministers, who would be the majority in the Court, generally supported subjecting sentences to review under the principle of “fraudulent res judicata”, while others did not give a clear position and Minister Yasmín Esquivel He spoke out to respect the sentences for legal certainty.
Lenia Batres proposed that the SCJN have a mechanism to review sentences
Lenia Batres was the one who even proposed that the Court should have a mechanism to review sentences and justified before the Plenary that it would be something exceptional and that it would be applied only when “fraudulent actions” were found that were not taken into account by the previous Court.
During the discussion of the matter, the majority of ministers spoke out in favor of reopening final sentences to review what is called “fraudulent res judicata.”
The president Hugo Aguilar, Lenia Batres, Irving Espinosa, Loretta Ortiz y Sara Herrerias They demonstrated that a rigid application of the principle of res judicata that validates fraudulent acts should not be privileged.
Batres alleged that in the previous integration of the Court “fraudulent sentences passed under our noses and this Supreme Court could not or did not want to do absolutely anything.”
Among the examples he cited, he highlighted that there were “contracts for the sale of ejidos in which we even had a case in which the denial of justice was precisely alleged because it turns out that ejidatarios were defrauded by their counterpart’s lawyer, who was supposed to be their own lawyer, and we did not want to repair this type of ruling in which they lost because, in addition, there was not even an assembly minutes of anything, in which they lost their plots due to supposed legality.”
Batres’s words came one day before his project to pay compensation for death or permanent disability in UMAS instead of minimum wageswhich would affect the victims by reducing the amounts practically in half.
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And just on Tuesday, the Supreme Court noted in a statement that the attraction of a tax issue of femsaat the request of Batres, does not violate the principle of res judicata. This after the past November 6the majority of ministers, except Batres, refused to seek protection under review for a debt greater than 2 thousand 800 million pesos; however, the November 13at the proposal of the minister, the appeal for review was accepted by a majority.
Opposition
In this regard, Minister Yasmín Esquivel spoke out in favor of respecting the principle of res judicata and not reopening rulings from the previous Supreme Court to preserve legal certainty.
The minister said that the principle of “res judicata represents one of the most important legal institutions in a State of Law. Through this, confidence is given to the governed that the decisions made in the justice system become valid and effective.”