The federal justice protected the federal deputy of the PT, Gerardo Fernández Noroña, against the agreement of the Nuevo León Congress, which on September 23 declared him persona non grata, like the historian Pedro Salmerón Sanginés, for supporting a comment on social networks in which he pointed out that the guerrillas who participated in the kidnapping attempt that culminated in the death of businessman Eugenio Garza Sada, in September 1973, were a handful of brave young men.
After the amparo promoted on October 1 by the lawyers Luis Gerardo Vázquez Payán, Rafael Ornelas Gaytán and José Manuel Cardona Monreal, before the First District Court in Administrative Matters, the local legislature must revoke the agreement that on September 23, 2019 they voted in favor of the PAN, PRI, MC, PVEM, Panal benches, and the deputies of Morena, Beatriz de los Santos, Marco Antonio González, Melchor Heredia and Celia Alonso.
Faced with the proposal promoted by Acción Nacional against Fernández Noroña and Salmerón, the Morenoists Luis Armando Torres and Julia Espinosa were the only ones who rejected it.
Likewise, Asael Sepúlveda, Guadalupe Rodríguez and Zeferino Juárez Mata, who joined the PRI bench on loan, abstained, just so that this party could take administrative control of Congress from Morena.
As a consequence of the amparo granted by Judge Miguel Ángel Luna Gracia, head of the First District Court of the Auxiliary Center of the Tenth Region, residing in Saltillo Coahuila, Congress must notify the executive and judicial powers of the state about the revocation of the agreement. , as well as the 51 municipalities of Nuevo León.
During the session where the point of agreement was approved, the PAN member Luis Susarrey stated that “characters such as Salmerón and Gerardo Fernández Noroña must be punished and exhibited, as well as all those who extol violence, and with their words lead to polarization and division among Mexicans. “
“There are many of us who think that insults like yours, calling the cowardly murderers of Don Eugenio (Garza Sada) brave, make them unpleasant people for Nuevo León or for Mexico,” he added.
The PAN received the support of Beatriz de los Santos, from Morena, who recalled that she had previously proposed that the name of Eugenio Garza Sada be written in golden letters in the legislature, because “for us he is still alive, for his great example and contribution in favor of companies and workers “.
In its justified report to the federal court, Congress alleged that the expression “personas no gratas” did not carry any legal effect that would impose sanctions of any kind, and should not be given more relevance than that of an expression of public criticism within the framework of a polemic on a topic of general interest.
They argued that at no time did they violate or restrict the freedom of expression of Salmerón and Fernández Noroña, which is protected by the sixth article of the Constitution, although their statements “since they are justifying acts of violence, should not be protected constitutionally.”
However, the federal justice considered that the agreement approved by Congress, against the federal deputy and the historian, does contravene the sixth article of the Constitution, since it made a public statement an object of inquisition, and sought to obtain its elimination, withdrawal or retraction , “in frank contravention of said constitutional provision, as there is no rule that allows it.”
Therefore, he pointed out, the Nuevo León Congress cannot establish itself as a body that can take a parliamentary agreement to generate acts of reproach, annoyance or prevention to a citizen, and for which it openly rejects a comment made by the complainant, at the same time to qualify his statement as offensive, and to the citizen himself as unpleasant neither in the city of Monterrey nor in the whole country, demanding that he retract and offer a public apology, without any basis, misrepresenting the nature of his attributions, and erecting his agreements in a kind of inquisition or restriction to the free expression of ideas.
On this resolution, Luis Gerardo Vázquez Payán, leader of the Regeneración Ciudadana collective, commented that it once again highlights the arbitrariness, inefficiency, lack of study and preparation with which the State Congress has conducted itself.
He added that the shortcomings of the Legislative Power were made evident by the declaration of illegality of the sanction procedure instituted by the local Congress against Governor Jaime Rodríguez Calderón, as determined by the Supreme Court of Justice of the Nation, and by the non-compliance with the execution of amparo granted for the restitution of the magistrate, Ángel Mario García, which has placed legislators on the brink of dismissal.