Background on Claudia Sheinbaum Pardo and Her Relevance
Claudia Sheinbaum Pardo, the Chief Executive of Mexico City, has proposed reforms to secondary legislation concerning the amparo mechanism. As a prominent figure in Mexican politics, her proposals often shape legal landscapes and impact the rights of Mexican citizens.
Summary of the Amparo Reform Proposal
On September 30, the Senate organized a public hearing to analyze Sheinbaum’s proposed reforms. Melissa Ayala García, a litigant from the law firm Ayala Arsipreste y Asociadas, highlighted both positive and concerning aspects of the presidential initiative.
Positive Aspects
- Digital Amparo Improvement: The proposal aims to enhance digital amparo, though Ayala García clarified that this figure is not entirely new.
Concerns and Precautions
- Demand Expansion and Sentence Compliance Changes: Ayala Garcia warned about two concerning modifications: expanding demands and alterations to sentence compliance and execution.
- Rigorous Analysis of Jurisdictional Restrictions: Any limitations on amparo, which safeguards Mexican citizens’ rights, must be scrutinized meticulously.
- Rigid and Formalistic Demand Expansion: The proposed changes would restrict demand expansion to explicitly stated cases only, making it a rigid and formal process.
- Weakening of Amparo Efficacy: Without suspension, amparo would lack effectiveness in protecting individuals’ rights.
- Indefensión of the Governed: Gabriel Pérez Ríos, president of the Mexican Banking Association (ABM), expressed concern that the proposal leaves citizens vulnerable and weakens compliance incentives for protective amparo rulings.
Expert Opinions on the Reform Proposal
Juan Pablo Gómez Fierro, a former magistrate and judge of the District, acknowledged the modernization of online amparo as a positive aspect. However, he raised concerns about aspects such as the “legitimate interest,” which has been a primary mechanism for protecting collective or diffuse rights through civil associations.
Pérez Ríos echoed these concerns, emphasizing the vulnerability of citizens under the proposed changes and the need for amparo’s suspension mechanism to maintain its protective role.
Context and Impact
Jaime Cárdenas Gracia from the Instituto de Investigaciones Jurídicas de la UNAM advocated for the legal amendment, stressing the necessity of both internal and external perspectives on amparo. He pointed out that the proposed reform stems from or is a consequence of judicial reform.
Cárdenas Gracia highlighted the abuse of fiscal amparo and the need to limit credit-related disputes post-firm sentence. He also mentioned how criminal organizations and white-collar crime have exploited the provisional suspension mechanism to unfreeze accounts or protect illicit enterprises.
