The discussion of the judicial reform started in the Senate in contempt of four court orders.
Due to the inattention of the authorities, a federal court, based in Chiapas, decided to stop the process of an amparo trial and send the file to the Supreme Court of Justice of the Nation (SCJN) for intervention.
While a court of Morelos Last Friday, the House of Representatives decided to send notifications to the 32 state legislatures to inform them of the definitive suspension and that they cannot process the judicial reform, in case it is approved by the Senate.
Until yesterday, the constitutional changes opinion had accumulated two definitive suspensions and two provisional ones that ordered to stop the discussion in the Legislative.
The most of resolutions They are to freeze the opinion until the constitutionality of article 186 of the regulations of the Chamber of Deputies is analyzed.
This rule indicates that an opinion approved by commissions of a Legislature previous can go directly to the Plenary of a new Legislature without any modification or discussion.
Analysis
Jose Perdomo Galiciaan expert in constitutional processes, said that “if they openly dare to say that they are going to constitute themselves in contempt, it is because of the force that the Executive has given them and a clear example of what they say: ‘don’t tell me that the law is the law.'”
According to the La Salle specialist, the judges should notify the Supreme Court and the Attorney General’s Office of the Republic. (FGR) to initiate a process of non-enforcement of a sentence.
The Court should deliberate whether to promote a impeachment against the deputies and senators for contempt, so, in the end, it would be the legislators themselves, with a majority of the 4T, who would have to autodesaforar, with the aim of being prosecuted for contempt, which is comparable to the crime of abuse of authority, which carries a penalty of up to seven years in prison.
In turn, in his account of X, the judge of Antonio Ordóñez District inHe stated that the contempts could indeed have an impact on invalidating the legislative process of judicial reform. “In their attempt and eagerness to violate the suspensions of protection, in addition to committing a crime, they will only provide more elements for the reform to be invalid from its creation.”
The suspensions
Last Wednesday, the judge Martha Magaña, holder of the Fifth District Court in Morelos, granted the first definitive suspension to stop the discussion of the opinion of the judicial reform.
In her resolution, the judge, who was exhibited in the Mañanera of September 2, indicated that the Constitutional Points Commission of the Chamber of Deputies and the president Andres Manuel Lopez Obrador They ignored the notification of the provisional suspension and did not submit their preliminary report.
In response to the arguments of Morena and its allies that Article 61 of the Amparo Law should be applied, stating that suspensions are not applicable when it comes to constitutional reforms, Martha Magana determined that the precedents of the Supreme Court are for changes that have already been enacted.
Therefore, in this case we are faced with the analysis of the Regulations of the Chamber of Deputies, in its article 186, which states that an opinion, approved in committees of a Legislature, It can go directly to the Plenary for discussion in a different Legislature.
This is the main argument for granting the definitive suspension, until the constitutionality of said article is determined, that is, that if the measure is complied with, the judicial reform would be frozen.
The judge ordered to link and notify the 32 legislatures local authorities that they cannot process the reform opinion because it is suspended.
In turn, the second definitive suspension was granted last Friday by Felipe V. Consuelo Soto, head of the Third District Court of Amparos and Federal Trials of Chiapas.
According to the electronic notifications of the Judiciary, there was a complaint against the suspension of the judge of Chiapas, which was sent to the Collegiate Court in Administrative Matter of the Twentieth Circuitresiding in Tuxtla Gutiérrez.
The judges of the Court agreed to send the file to the Supreme Court of Justice of the Nation. (SCJN) and suspend its resolution to wait for the ministers to decide on the power of attraction to stop the judicial reform, in its preliminary stage. legislative discussion.
“Considering that the matter refers to a question on which there is no guideline to follow and it is necessary to establish a criterion of importance and significance for the national legal order (…) this Collegiate Court reserves the right to issue a ruling on the complaint until the Supreme Court of Justice of the Nation determines what is appropriate regarding the request to exercise the power of attraction,” its resolution states.
In addition, there is another provisional suspension of Judge Martha Magaña, whose hearing was postponed until September 12, because the Judiciary has not been able to notify her. Chamber of Deputies due to the blockades in the San Lázaro compound.
Francisco Javier García Contreras, District Judge of Colima, ordered a provisional suspension and a definitive one is also pending.
He points out that of all these processes, none has been challenged by the Chamber of Deputies or the federal government through a complaint to a Collegiate Court.
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2024-09-11 04:40:38