Jurisprudencia, isolated theses and superseded criteria: how to know what binds you
The difference between jurisprudencia, isolated theses and superseded criteria in Mexico, and how to check that a thesis you cite is still in force.
Citing a thesis (tesis) that no longer applies is a mistake a good brief cannot afford. The Semanario Judicial de la Federación holds criteria with very different weight, and the difference matters.
Jurisprudencia
Jurisprudencia is binding precedent. Since the 2021 reform, it is set by binding precedents (Supreme Court rulings approved by the vote the law requires), by reiteration of criteria in the collegiate circuit courts, by resolution of conflicting criteria (contradicción de criterios) or by substitution (article 215 of the Amparo Law). The law regulates it in articles 215 to 230, and article 217 sets whom it binds, depending on the court that issues it. That binding force is what sets it apart.
Isolated thesis
An isolated thesis (tesis aislada) is a criterion held in a ruling that does not meet the requirements to become jurisprudencia (for example, the vote or the reiteration). It guides, but it does not bind. It can be a valuable argument, especially if it comes from a high-ranking court, but it does not have the binding force of jurisprudencia.
Superseded criterion
A thesis, isolated or jurisprudencia, can stop applying: because it was interrupted or substituted, because a conflict of criteria was resolved the other way, or because a legal reform changed the framework. This is the one that slips into briefs most often, because its heading still shows up in searches.
Questions to ask before citing
- Is it jurisprudencia or an isolated thesis?
- Which court issued it, and does it bind the court in your case?
- Is it still in force, or was it superseded, interrupted or substituted?
- Has the law it relies on been amended since?
How SoyLic helps
In the case law section, every thesis shows its type and its status, and the assistant repeats that label every time it cites one. Still, the decision to cite belongs to the lawyer: the tool puts the information in front of you so you do not miss it. The app is in Spanish.