The plenary session of the Supreme Court of Justice of the Nation (SCJN) declared, by a majority of eight votes, the invalidity of section XI, of article 11 of the Law for the Provision of Services for Comprehensive Child Care, Care and Development of Nuevo León, promulgated on January 28, 2022.
The eliminated normative portion orders that the local Executive and the municipalities will guarantee that the provision of services in the Attention Centers is oriented to achieve the observance and exercise of the rights of girls and boys, among others “That the personnel who work in the Attention Centers do not have a criminal record…”.
The draft resolution, prepared by the rapporteur minister Javier Laynez Potisek and for which he proposed declaring the aforementioned decree invalid, as demanded by the National Human Rights Commission (CNDH), corresponding to the unconstitutionality action 38/2022, was approved by eight votes in favor and three against.
The sentence will take effect from the notification of the operative points to the Congress of Nuevo León.
Unanimously, the Court also approved to also invalidate article 50, section V, of Law Number 175 of the Labor Conciliation Center of Guerrero, whose decree was promulgated on April 19, 2022.
The speaker Laynez Potisek proposed annulling said challenged fraction as he considered it disproportionate and unreasonable because it requires, he explained, to be general director of the Guerrero Labor Conciliation Center, “not having been penalized or penalized due to an investigation of an administrative nature, for Serious infractions, for violations of national or foreign laws, which have resulted in any type of resolution or agreement that expressly implies the acceptance of guilt or responsibility”.
The sanction, he added, does not contain a time limit as to whether it was imposed how long ago, if it was recent or if it was several years ago, and it does not distinguish between whether people have already complied with the respective sanction or between sanctions that are in force or are taking its effects, which is very different from not having been penalized.
In addition to the fact that it does not differentiate between sanctions whose protected legal interest may impact or are related to the functions of the position and those that do not.
“That is why the declaration of invalidity of this article is proposed…”, he stated.
The Court also resolved unanimously that there is no contradiction in criteria denounced that would have arisen between its First and Second chambers, when resolving, on the one hand, the amparo under review 575/2017 and, on the other, the amparos under review 463/2017, 668/2017 and 1157/2017.
When exposing his draft resolution, the rapporteur minister Alfredo Gutiérrez Ortiz Mena explained that after analyzing the denounced final decisions, the conclusion is that the First Chamber responded to the question whether article 10 of the Federal Income Law was unconstitutional when establishing the payment supervision of LP gas permits for not complying with the principles of article 31, section IV, of the Constitution.
While the Second Chamber did not have to analyze the application of the aforementioned constitutional article to said payment for supervision, but to determine if the letters in which the payment was established complied with the principle of legal certainty.
“Because of the above, it is considered that there is no touch point in the considerations of the denounced executory actions because the First Chamber only determined that the concept of collection was an advantage; while the Second Chamber determined that the regulatory documents of the Ministry of Finance and Public Credit (SHCP) should specify what the services they received in consideration consisted of,” he specified.
The ten ministers present approved Gutiérrez Ortiz Mena’s project; Minister Margarita Ríos Farjat did not attend the plenary session of the country’s highest constitutional court.
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