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Mexico’s Supreme Court Reaffirms Finality as It Weighs Fraud-Based Nullity

The tribunal says legal certainty is preserved because Mexican law already provides a narrow nullity action for judgments tainted by fraud.

Overview

  • A five-minister majority in the SCJN Pleno agreed to study whether an exceptional fraud remedy can reach final judgments and tasked Loretta Ortiz with drafting a project.
  • In an official communiqué, the Court said res judicata remains unquestioned and cited the existing acción de nulidad de juicio concluido for cases involving collusion or fraudulent maneuvers.
  • President Claudia Sheinbaum publicly rejected reopening concluded cases and argued the Court should not assume legislative roles.
  • Minister Lenia Batres clarified that her proposal is an exceptional route for “cosa juzgada fraudulenta,” not a general mechanism to break final rulings.
  • Separate reporting indicates the Court recently rejected an Uber amparo tied to Mexico City’s 2% platforms tax, and the justices also postponed again a decision on whether civil damages should use UMA or minimum wages.