Overview
- The Supreme Court plenary voted by an 8–1 majority to reasume the case and will hear the constitutional challenge, a move the court approved on Wednesday.
- The justices must decide whether article 6 of the 1984 presidential decree, which bars any definitive export of Kahlo’s work, exceeds article 16 of the Federal Law on Monuments that allows permits for temporary or permanent export of private monuments.
- The lawsuit began after Banco Ve por Más asked INBAL in 2023 to authorize permanent export of Autorretrato de Medallón and had its request denied in 2024; a federal judge on November 14, 2025 upheld the executive’s heritage power but granted relief for legal defects in INBAL’s response.
- The case could immediately affect private collections and planned foreign shows, notably the Colección Gelman and management arrangements announced with Banco Santander for exhibitions in Spain.
- No final ruling has been issued and current export restrictions remain in force while the court prepares its substantive analysis, with the eventual decision poised to set binding precedent on state heritage powers and private property rights.