Detection and Normative Analysis
In accordance with the provisions of article 105, section II, paragraph g) of our fundamental ruling, the president of the National Human Rights Commission (CNDH) has the constitutional power to bring actions of unconstitutionality before the Supreme Court of Justice of the Nation (SCJN) against laws issued by the Congress of the Union or the local legislatures, as well as in international treaties, which may infringe on the fundamental rights of individuals
In the month of April 2021, the publication of 241 normative modifications issued by the legislative bodies of the federal entities and the Congress of the Union was detected.
During that month, the Head of this Constitutional Organism for the protection of fundamental rights decided to exercise her power to promote unconstitutionality actions before the SCJN on eight occasions, for which 8 lawsuits were filed against various general norms that were detected in the newspapers and governmental gazettes of seven different federal entities. Said lawsuits were filed against the legal ordinances indicated below:
– Tamaulipas: 1 (Criminal Code for the State of Tamaulipas), which gave rise to the unconstitutionality action 60/2021.
– Puebla: 2 (Notary Law for the State of Puebla and Civil Code for the Free and Sovereign State of Puebla), the first gave rise to the unconstitutionality action 61/2021 and the second to the unconstitutionality action pending to be filed.
– Jalisco: 1 (Law on Missing Persons of the State of Jalisco), which gave rise to the unconstitutionality action 62/2021.
– Nuevo León: 1 (Law that creates the Institute of Training and Education for Work of the State of Nuevo León), which gave rise to the unconstitutionality action 65/2021.
– Veracruz: 1 (Law Number 841 of Social Communication for the State of Veracruz), which gave rise to the action of unconstitutionality 69/2021.
– Tlaxcala: 1 (Law of the Labor Conciliation Center of the State of Tlaxcala), which gave rise to the action of unconstitutionality 70/2021.
– Aguascalientes: 1 (Political Constitution of the State of Aguascalientes), which gave rise to the unconstitutionality action (pending filing). Follow-up of the unconstitutionality actions filed.
- Pleadings
Once the Legislative and Executive branches of government that issued and promulgated the norms at issue in the unconstitutionality action have rendered the reports requested by the investigating Minister, a copy of the same is sent to the CNDH so that it may present its arguments in writing within a period of five business days.
During the month of April of this year, 18 arguments were presented.
- Resolution of unconstitutionality actions.
Once the investigation of the summary proceeding that the unconstitutionality actions must follow is completed, the Minister who is responsible for conducting the various phases of the process decrees the conclusion or closure of the same, in order to prepare a draft judgment that is subsequently submitted for consideration by all the members of the Plenary of the SCJN.
During April 2021, the Supreme Court resolved 7 unconstitutionality actions filed by the CNDH in previous years.
Of the total number of unconstitutionality actions resolved during the month, 2 were admissible and partially founded, 4 were admissible and founded, and 1 was admissible but unfounded by the Supreme Court of Justice of the Nation.
