Background on Xóchitl Gálvez and the INE Sanctions
Xóchitl Gálvez, a former presidential candidate for the PAN, PRI, and PRD parties, was sanctioned by the Mexican electoral authority, the Instituto Nacional Electoral (INE), for publishing images of minors on social media without their consent. This incident sparked a debate regarding the consistency of judicial decisions between the Supreme Court of Justice of the Nation (SCJN) and the Electoral Tribunal of the Federal Judiciary (TEPJF).
The Proposal by Lenia Batres Guadarrama
Lenia Batres Guadarrama, a SCJN judge, proposed to recognize a contradiction in criteria between the SCJN and TEPJF. However, her proposal was only supported by Estela Ríos González. The majority of the SCJN judges, including Hugo Aguilar Ortiz, Irene Herrerías Guerra, Irving Espinosa Betanzo, Yasmín Esquivel Mossa, Loretta Ortiz Ahlf, Giovanni Figuero Mejía, and Arístides Guerrero García, voted against it.
The SCJN’s Decision
In January 2024, Xóchitl Gálvez filed a complaint with the SCJN, alleging that the TEPJF’s decision violated the principle of “tipicidad” (normative clarity) since her conduct was not explicitly regulated in any normative precept. The SCJN, led by Yasmín Esquivel Mossa, dismissed the complaint stating that there was no contradiction in criteria.
Esquivel Mossa explained that the supposed contradiction was based on different factual assumptions and distinct legal logics. The SCJN’s criteria originated from resolving an action of unconstitutionality against the income law of Ocozocoautla, Chiapas, while the TEPJF analyzed special procedure sanctions against Gálvez. The TEPJF concluded that her social media propaganda was in violation of INE guidelines by disseminating images of minors without their consent.
Key Questions and Answers
- What was the issue at hand? Xóchitl Gálvez, a former presidential candidate, was sanctioned by the INE for publishing images of minors on social media without consent. The case questioned whether there was a contradiction in judicial criteria between the SCJN and TEPJF.
- Who proposed to recognize a contradiction in criteria? Lenia Batres Guadarrama, a SCJN judge, proposed this recognition. However, her proposal was not supported by the majority of the court.
- What did the SCJN decide? The SCJN dismissed Xóchitl Gálvez’s complaint, stating that there was no contradiction in criteria between the SCJN and TEPJF.
- Why was there no contradiction in criteria? According to Yasmín Esquivel Mossa, the supposed contradiction was based on different factual assumptions and distinct legal logics. The SCJN’s criteria originated from resolving an unconstitutionality action against a municipal income law, while the TEPJF analyzed special procedure sanctions against Gálvez.
