SCJN invalidates the increase in the number of local deputies in Coahuila

By unanimous vote, the plenary session of the Supreme Court of Justice of the Nation (SCJN) invalidated two decrees of reforms to the Constitution and the Electoral Code of Coahuila promulgated last September by which, among other provisions, the number of local deputies was increased from 25 to 27; the two additional councils would be granted to vulnerable groups.

The normative portions challenged through actions of unconstitutionality by the parties Morenafrom work (PT), the local party Unidad Democrática de Coahuila (UDC) and the National Human Rights Commission (CNDH) were invalidated because the local Congress omitted to carry out a prior consultation with indigenous peoples and communities and people with disabilities.

Hence, the Court declared the invalidity of decrees 270 and 271 promulgated on September 29 and 30, 2022, through a ruling that will take effect from the notification of the operative points to the Congress of Coahuila and declared the revival of the legislation. repealed.

The latter means that all the articles that were modified will be valid again and will be applied in the electoral process on June 4 in Coahuila to renew the governorship and the Local Congress.

Article 33 of the local Constitution, invalidated by the ministers, provides that the local Congress “will be renewed in its entirety every three years and will be made up of sixteen councils elected according to the principle of relative majority through the system of electoral districts, and eleven councils elected by the principle of proportional representation…”

The portion of the local Electoral Code, also invalidated, establishes that the Coahuila Congress will be made up of “sixteen councils elected according to the principle of relative majority, through the system of single-member electoral districts, and nine that will be elected by the principle of ordinary proportional representation and two from vulnerable groups”.

The reforms by which it was determined “the ineligibility of any person to whom a resolution or sentence has been issued” were also annulled.

definitive judicial action against her for a crime, infraction or declaration of any type or modality of violence against a woman based on gender…”

As well as the changes that provide that the “right to be voted may be temporarily suspended when there are acts whose nature contains gender-based violence”, among other assumptions:

“People with food debts… physical aggressors who inflict non-accidental damage, using physical force or some type of weapon or object that may or may not cause injuries, whether internal, external, or both, to their partner, spouse, ascendants or descendants…” Sexual aggressors who commit acts that degrade or damage the body and/or sexuality of the victim and therefore threaten their freedom, dignity and physical integrity… psychological aggressors who commit any act or omission that damages the mental stability of a women…”

rolando.ramos@eleconomista.mx