Striking down a rule extends to unchallenged rules that depend on it
Invalidity of general rules in actions of unconstitutionality. Extension of effects when there is a legal-conceptual dependency between two provisions of the same rank.
Official heading (Spanish): INVALIDEZ DE NORMAS GENERALES EN ACCIONES DE INCONSTITUCIONALIDAD. EXTENSIÓN DE EFECTOS CUANDO EXISTE DEPENDENCIA JURÍDICO-CONCEPTUAL ENTRE DOS DISPOSICIONES DEL MISMO RANGO.
The ruling
The National Human Rights Commission challenged articles 170 Bis and 229 Bis of the Guerrero Criminal Code, on counterfeit, expired or stolen medicines. The full SCJN struck them down and extended the invalidity to unchallenged provisions governing aggravating circumstances for those crimes, since they lost their conceptual basis without the invalidated rules.
Our take
The ruling arose in criminal law, but its logic applies to any statute, including tax and administrative ones. When the SCJN strikes down a provision, the rules that depend on it fall too, even if no one challenged them. For companies, the practical step is to read rulings in actions of unconstitutionality closely: their effects may reach provisions not named in the complaint. In our experience, this opens defenses against acts based on provisions left without support that authorities keep applying out of habit.
What to do
- When a ruling is published, check which other rules affecting the company depend on the voided provision.
- Challenge acts based on rules reached by the extended invalidity.
Details
- Court
- SCJN Plenary
- Type
- Binding precedent (jurisprudencia)
- Identifier
- P./J. 134/2026 (12a.)
- Digital registry
- 2032294
- Published
- June 19, 2026
- Area
- Amparo and constitutional
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.