Mexico City.– A federal judge in Tuxtla Gutiérrez, Chiapas, today granted the second definitive suspension that seeks to prevent the implementation of the judicial reform, approved by Morena in the Chamber of Deputies, but pending in the Senate and state congresses.
Felipe Consuelo Soto, Third Judge of Amparo and Federal Trials in Chiapas, today made definitive the provisional suspension he granted last Friday, which does not stop the discussion of the reform, but does prevent the process from being completed.
“The definitive suspension is granted with respect to the effects and consequences of the acts claimed in sections d) and e), so that the responsible authorities that constitute the Congress of the Union, that is, the Chamber of Deputies and the Chamber of Senators, within the scope of their respective powers, continue with the legislative process and in the case of the eventual approval of the constitutional reform decree, refrain from sending it to the Legislatures of the States and Mexico City for the corresponding approval,” the judge ordered. Consuelo Soto argued that, from a preliminary review of the reform opinion, it is clear that it may violate the rights of the four judges who promoted the protection, since some of them, or all of them, will lose their positions if they do not participate and win in the June 2025 election, in which it is intended to renew half of the federal judges.
“From the preliminary analysis of the aforementioned second article of the transitional provisions, in relation to Constitutional precept 97, a possible violation of the right to the non-removability of the complaining judges, as well as the human rights of prior hearing and access to an effective remedy, is noted,” the judge stated.
The suspension is different from the one granted this week by a judge in Cuernavaca, who has sought to prohibit both Houses of Congress from continuing to debate the reform, an order that has been ignored by legislators. In both cases, the judges have ruled on the content of the Constitutional reform, despite the fact that the Supreme Court of Justice issued jurisprudence in 2022, which prohibits subjecting the content of the Magna Carta to review in amparo trials. For the judges, however, it is possible to grant these suspensions because the reform has not yet been finalized, and because it violates fundamental Constitutional principles, as well as international treaties. The Chiapas amparo also alleges that when the ruling was approved by the Constitutional Points Commission of the Chamber of Deputies, on August 26, its power to do so had already expired, since the Presidential initiative for the election of all judges in the country by popular vote was received since February 5.
Consuelo Soto was, for years, a civil judge in Mexico City, where she gained notoriety in the past decade for her handling of the bankruptcy of the airline Mexicana de Aviación.
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