Background on David Monreal and His Relevance
David Monreal Ávila, the current governor of Zacatecas, Mexico, has recently sparked controversy with his actions regarding the local Notariado law reform. His political style, characterized by centralization and a lack of checks and balances, has raised concerns among professionals in the notarial field.
The Notariado Controversy
Under the leadership of Ricardo Vargas, the notarial profession united to request Governor Monreal Ávila to veto the newly approved law. The LXV Legislature passed this law with 15 votes in favor and 10 against, demonstrating a clear political agenda rather than a technical approach.
The Reformed Law and Its Implications
Zacatecas has chosen to reverse the established process by substituting the competitive examination for direct appointment, effectively reintroducing the “dedazo” (the practice of appointing individuals without proper evaluation). The most concerning aspect is Article 66 Bis, which grants the license first and only mandates preparation 20 months later. This officializes improvisation, akin to granting a medical student a surgical license and expecting them to learn on the job.
Monreal’s Political Style and Adverse Context
The reform aligns with Monreal’s centralized approach, ignoring any counterbalances. The current context is challenging, with conflicts arising from the SNTE Section 58, unpaid teachers leading to school paralysis, and a critical perception of insecurity in Fresnillo. Instead of addressing these pressing issues, Monreal prioritized controlling who signs and validates documents, a common tactic when governments struggle financially.
Historical Context and Consequences
History provides a clear warning of the potential consequences. Oaxaca experienced the “Despojos Cartel” (2022-2023), where notaries falsely authenticated documents for deceased individuals and falsified paperwork. In Nayarit, there was a massive Infonavit fraud (2013-2018) affecting 60,000 families through impossible notifications; judges were jailed or sentenced, while the closure of notarial services remained opaque. Veracruz, during Javier Duarte’s governorship (2010-2016), saw the issuance of constitutive acts for fictitious companies, with 13 notaries under investigation and widespread impunity. In Mexico City, the Benito Juárez real estate cartel monetized illegal properties, leading to sentences for ex-officials but not the notaries involved.
The Importance of Legal Certainty
Legal certainty is vital for a modern economy, which relies on trust in documents and contracts. If notarized documents are signed by unqualified or politically motivated individuals, investment will stall, and juridical doubt will poison the system. Puebla’s experience with 29 revoked notarial licenses under Rafael Moreno Valle serves as a reminder of this risk.
Broader Impact on Credit, Hipotecas, Herencias, and Contracts
The repercussions extend beyond notarial titles to affect credit, mortgages, inheritances, and contracts. Banks will hesitate to lend on land with questionable titles; businesses won’t establish plants in areas where property rights are disputed; and families will avoid investing savings if notarial documents are treated as political pawns. This results in canceled growth, missed job opportunities, and enrichment of intermediaries like coyotes and lawyers.
The Notariado Profession’s Stance
The Colegio Nacional del Notariado Mexicano (CNNM) has clearly stated that legal certainty cannot tolerate politically motivated exceptions. Vetoing the reformed law represents the last resort before institutionalizing vulnerabilities that threaten property rights.
