Background on the Mexican Bar Association (BMA)
The Barra Mexicana Colegio de Abogados (BMA) is a prominent legal organization in Mexico, representing lawyers and advocating for the rule of law. The BMA plays a crucial role in shaping legal discourse and ensuring that the Mexican justice system adheres to established principles.
BMA’s Call to Preserve the Principle of Res Judicata
The BMA has issued a firm yet respectful call to the Plenum of the Supreme Court of Justice of the Nation (SCJN) to uphold the principle of res judicata, a cornerstone of Mexico’s justice system and an essential safeguard for all citizens.
Concerns Over Potential Impact on Res Judicata
In a press release, the BMA expressed deep concern over possible ramifications for the principle of res judicata following the initiation of a consultation process by the new members of the SCJN’s Plenum. The consultation, orchestrated by SCJN President Hugo Aguilar Ortiz, aims to examine the possibility of reviewing rulings from the Court’s Sala de lo Constitucional y Administrativo (Constitutional and Administrative Law Chamber), which were recently abolished through judicial reform.
Importance of Res Judicata
Res judicata is a fundamental pillar of legal security and the state’s jurisdictional function. The certainty that definitive court decisions cannot be altered or reopened is vital for ensuring legal stability, fostering trust in justice institutions, and maintaining social peace.
Any attempt to review or disregard firmly established judgments outside the explicitly legislated procedural channels would severely breach the principles of legality, separation of powers, legal security, and due process. This could lead to widespread uncertainty regarding the effects of judicial resolutions, impacting both individuals and state institutions.
Context of the Consultation Process
The consultation process, assigned to Minister Lenia Batres Guadarrama for project development, was initiated due to the Fiscalía General de la República (FGR) and Rosa María Romero Urbán’s intent to challenge a ruling from the First Sala of the Court. The decision, made on June 11, ordered the release of Juana Hilda González, who had been sentenced to 78 years in prison for her involvement in a kidnapping band that abducted and murdered Hugo Alberto Wallace in 2005.
Key Questions and Answers
- What is the principle of res judicata? Res judicata, or “matter judged,” is a legal doctrine that prevents the same issue from being litigated more than once. It ensures finality in legal proceedings and maintains the integrity of the judicial system.
- Who is the Mexican Bar Association (BMA)? The BMA is a leading legal organization in Mexico, representing lawyers and advocating for the rule of law. It plays a significant role in shaping legal discourse and ensuring adherence to established principles within the Mexican justice system.
- What triggered the consultation process? The Fiscalía General de la República (FGR) and Rosa María Romero Urbán sought to challenge a ruling from the First Sala of the Court, which ordered the release of Juana Hilda González, convicted for her role in a 2005 kidnapping and murder case.
- Why is the BMA concerned about the consultation process? The BMA fears that the SCJN’s potential review of firmly established judgments could undermine key legal principles, such as legality, separation of powers, legal security, and due process.
