Public Information in Mexico
It is the right of every person to request free of charge the information generated, administered or in possession of public authorities, who have the obligation to deliver it without the person needing to prove any interest or justify its use.
In Mexico City, the public authorities required are the following:
- Executive court
- Legislative court
- Judicial court
- Decentralized bodies, decentralized and autonomous.
- Trusts and public funds
- Local political parties
- Any individual, moral or union that receives and exercises public resources or acts of authority
Public information refers to documents, that is, to the physical support of any type (written, printed, sound, visual or electronic) in which information is expressed. For example:
- Files, reports and minutes
- Studies and statistics
- Agreements and resolutions
- Official correspondence
- Trades, circulars and memoranda
- Any other record of government activity
There are exceptions to the delivery of public information, in sense of its characteristics it is classified as restricted access information, with two modalities: reserved (when it may compromise the national security or of any person) and confidential access (relative to persons and protected by the fundamental right to privacy). Knowing public information allows you to discuss, criticize, evaluate and have the arguments to be able to demand from the government the rendering of accounts about their actions and management, and to be able to denounce any arbitrariness in this regard, as well as being able to recognize what is being done well.
How many Mexicans go to U.S.A?
The American census office reveals that 33.6 million Mexicans live in the US, California and Texas, they are the most outstanding states.
The ONU indicated that Mexico ceased to be the country with the largest number of migrants in the world to be displaced by India, which has 16 million.
According to data published in the newspaper Reforma last Sunday, in 2016 Washington issued 184 thousand H2A and H2B visas, that is, temporary work permits for agricultural and service jobs. If we add almost 20 thousand H1B visas for professionals, it is more than two hundred thousand Mexicans who emigrate each year to the north. Since 1997, the total has tripled. It would be necessary to add to this number the Mexicans who receive investor visas or family reunification (being in Mexico). We are close to the 300,000 Mexicans who leave every year with papers. How many are the undocumented who undertake the terrifying journey without papers? Are they another hundred thousand? Are they two hundred thousand? How much is the global total, with or without papers? Maybe they are half a million (500,000).
The Human Resources departments are one of the most important pieces of the corporations because they are the filters that select the personnel thoroughly. The challenge is not only to choose the profile correctly, but also to ensure that you are not a legally conflicted person. The risk of bad hiring has increased considerably due to the different methods that people have invented to take advantage of the companies; inclusively, in some occasions, they demand them at random to obtain any profit, unfortunately this they have done almost a profession.
The companies begin to shield themselves against their hiring to reduce the risk.
Bureau Bloc gathers more than 900 million records show in detail the Legal Background of any person or company since 1996, in LABOR, COMMERCIAL, CIVIL, CRIMINAL AND ADMINISTRATIVE matters, unfulfilled taxpayers, professional certificates and many more data. But this is not enough, it is also necessary to monitor all your staff during your stay, this way you will get the peace of mind to focus your time on other tasks.
Correct selection of staff will generate a solid structure avoiding personnel rotation and re-training the same position all the time, creating significant savings and investing in other areas. In this way you can really compete with your products or services because, in the end, it is people who make companies grow or fail.
VERIFICATION OF COMPANIES IN MEXICO
In all of Mexico there are 147 Registry Offices of the Public Registry of Commerce (PRC) each one has as an objective to publicize the mercantile acts that the companies do, and in this way to provide legal certainty between companies, however the black market again dirty the streets selling false documents, certificates and permits in the city of Mexico, the battle against crime is winning but there is still much to be done.
Credit fraud with constitutive acts have increased and evolved drastically, now they can easily be acquired in the black market along with false identifications, which has generated multimillion-dollar losses to import businesses, Banking Institutions, Financial, Bonding, Insurance and commercial companies of money orders different.
In the past, the process of verification in the Public Registry of Commerce is complicated, tedious and expensive; response times are very long, from 5 to 15 business days, depending on the state, without forgetting that it is 1 search by registry office, if you want to review the whole country, you would have to go to the 147 physically registered offices plus the additional expenses for that management.
Fortunately, the Bureau Bloc technology plays in your favor and now it brings you information from any part of the country with a simple click. Verification of companies in a real time.
In Bureau Bloc you will find the most advanced method of validation Due Diligence with high availability to not stop selling for fear of being involved in credit fraud, money laundering or contributions to crime. Companies have accelerated their response times by reducing their risks, verifying in seconds that the company is registered before a Notary Public Registry; verify partners and percentages of shares.
With a single click you will know the truth. But this is not enough, it is also necessary to monitor all of your clients that you sell them to credit during the relationship time you have, so you will be the first to know everything you do in the country.
¿Would it be important for you to verify the veracity of any Mexican company?
United States exports to Mexico...
The United States is the 2nd largest export economy in the world and the 8th most complex one according to the Economic Complexity Index (ECI). In 2016, the United States exported $ 1.42 Billion and imported $ 2.21 Billion, resulting in a negative trade balance of $ 783 Billion. In 2016, the United States GDP was $ 18.6 Billion and its GDP per capita was $ 57.5 thousand.
The main exports of the United States are ($ 157 Billions), Oil Refining ($ 61.9 Billions), Cars ($ 53.6 Billions), Spare Parts ($ 43 Billions) and Integrated Circuits ($ 31, 9 Billions), according to the classification of the Harmonized System (HS). Its main imports are Cars ($ 173 Billion), Crude Oil ($ 108 Billion), Computers ($ 84.8 Billion), ($ 84.8 Billion) and Packaged Drugs ($ 67.5 Billion).
The main destinations of exports from the United States are Canada ($ 266 milliards), Mexico ($ 229 milliards), China ($ 115 milliards), Japan ($ 63.2 milliards) and the United Kingdom ($ 55 , 3 Billions). The main origins of its imports are China ($ 385 milliards), Mexico ($ 302 milliards), Canada ($ 296 milliards), Japan ($ 130 milliards) and Germany ($ 118 milliards).
These are some products made in the United States that millions of Mexicans depend on: Corn, meat, wheat, milk, gasoline, natural gas, medicines, vaccines, milk, wheat, eggs, chicken, and meat, plastic. In some cases local production is insufficient to supply the demand. But in others, as with fuels, dependence is very high.
In fact, 52% of the gasoline consumed in Mexico is imported daily from the US. A case similar to gasoline and natural gas is yellow corn, which imports an average of 11 million tons per year.
It is 45% of total consumption and comes from US farms, according to data from the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food (Sagarpa). “Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación (Sagarpa).” The grain is used to feed birds and livestock, although some companies mix it with the white variety to make tortillas.
LAWSUITS IN MEXICO / BACKGROUND CHECKS
Currently there are 4 categories of justice agencies in Mexico to perform a search for a person or company throughout the country, it is necessary to physically visit the more than 2,802 courts in their different subjects in different parts of the country.
Common law: approximately 1782 organs
Federal jurisdiction: 710 jurisdictional organs
Federal labor law: approximately 110 organs
Labor law: Approximately 200 organs
Common Law, only governs locally or maritime in the case of my State, Jalisco, for example, the First Criminal Court of the State of Jalisco, only knows issues of the Metropolitan Area (Guadalajara, Zapopan, Tlaquepaque and Tonalá), there are also First Instance, Mixed, Peace and Minors to these also known as common law, only that its jurisdiction is limited to certain areas. Such as ... homicide, abortion, injuries omission of care, omission of aid, danger of contagion, illegal deprivation of liberty, kidnapping, extortion, trafficking in persons, threats, breaking and entering, violation of the privacy of persons, violation, structure, abuse sexual, robbery, cattle rustling, dispossession, abuse of trust, fraud, breach of maintenance obligations, family violence, child trafficking, produriong, falsification of documents, variation of name, attacks on public roads, drivers of motor vehicles, crimes against the ecological balance, political crimes, rebellion, terrorism, abuse of authority, proce dural fraud, obstruction of justice, procedural fraud. Federal Jurisdiction, contemplate the whole country, to know matters of all the State, not by zones like in the common law, although the majority of the crimes typified like the same in both (federal or common), the difference is in that Other crimes against health, crimes against the Firearms and Explosives Law, among others.
The federal Criminal Code applies to certain types of crimes, which largely repeat the crimes of "common law" already mentioned. In general, federal crimes are committed under certain conditions abroad, those committed against consular personnel abroad or in embassies. As well as in Mexican delegations, those committed in national ships or aircraft on the high seas or in Mexican warships and those provided for in federal special laws,
Such as. . .
Crimes against the security of the Nation treason against the Fatherland; espionage; sedition; riot; rebellion; terrorism; sabotage; conspiracy, piracy; violation of immunity, neutrality genocide, evasion of prisoners; violation of sanction; prohibited weapons; criminal associations, attacks on communication channels, production, possession, trafficking, proselytizing and other acts in the field of narcotics; danger of contagion, outrages to public morals; corruption of minors and incompetents; child pornography and sexual prostitution, improper exercise of public service; authority abuse; forced disappearance of persons, crimes against national consumption and wealth; prohibited games, sexual harassment; sexual abuse; rape and rape; incest; adultery robbery; trust abuse; fraud; extortion; dispossession of real estate or water; damage in property of others, concealment and operations with resources of illicit origin, electoral crimes and in matters of national registry of citizens.
Offenses committed by minors.
JUVENILE CRIMINAL JUSTICE LAW Any person between the age of twelve and less than eighteen years of age at the time of the commission of an act classified as a crime or contravention in the Penal Code or special laws shall be subject to this law.
Federal Jurisdiction Law
The Judicial Branch of the Federation has a total of 710 jurisdictional bodies throughout the Mexican Republic, which are distributed as follows:
- 195 collegiate circuit courts.
- 79 unitary circuit courts.
- 324 district courts.
- 38 collegiate auxiliary circuit courts.
- 12 unitary auxiliary circuit courts.
- 49 auxiliary district courts.
- 7 criminal federal courts specialized in searches, roots and communications intervention.
- A district court of the Islas Marías and Auxiliary penitentiary complex throughout the Republic.
LABOR FILE: It is a Tribunal with full jurisdiction, of tripartite composition, composed of equal number of the Workers 'or Workers' Representatives and the Representatives of the Employers or Employers and one of the Government is to impart justice, promoting social peace and harmony in labor relations, through conciliation and arbitration, guaranteeing workers and employers transparency, certainty and legal security in the resolution of labor disputes. An act of labor conciliation is a pre-judicial procedure by which an agreement is reached between a company and a worker in case there is no agreement in the dismissal. FEDERAL LABOR FUER: This last forum is practically the same as the previous one; the only thing that changes is that they are demands between government employees and the government itself.
Supreme Court of Justice of the Nation
Functions: The Supreme Court of Justice of the Nation is the highest constitutional court of the country and head of the Judicial Power of the Federation. It has among its responsibilities to defend the order established by the Political Constitution of the United Mexican States; maintain the balance between the different powers and areas of government, through the judicial resolutions that it issues; besides solving, definitively, matters that are of great importance for society.
The Plenary of the Supreme Court of Justice of the Nation has jurisdiction to hear, constitutional disputes and unconstitutionality actions, contradictions of thesis sustained between the Chambers of the Court or between Collegiate Circuit Courts. In sense of the cases, where by the authorities refuse or deny complying with the protection rule. Of the designation of those who have to carry out the investigation of facts that constitute serious violations to the individual guarantees.
The Supreme Court of Justice has two Chambers, which are composed of five ministers. The First Chamber knows about civil and criminal matters. The Second Room knows about administrative and labor matters. It is the responsibility of the Chambers to hear the appeals lodged against the judgments issued by the district judges in those ordinary disputes in which the Federation is a party, of appeals for protection review against judgments delivered at the constitutional hearing by the judges. of district or unitary circuits of circuit, of the resource of revision against judgments that in direct protection pronounce the collegiate circuit courts, of the resources of complaint, of the resource of claim against the agreements of procedure dictated by their president; of disputes arising from competition between the courts of the Federation, between them and those of the States or the Federal District, between those of one State and those of another, between those of a State and those of the
Federal District, between any of these and the military; those that correspond to the Supreme Court of Justice in accordance with the Federal Labor Law, as well as those that arise between the conciliation and arbitration boards, or the judicial authorities, and the Federal Court of Conciliation and Arbitration; Of the controversies that by reason of competition arise between collegiate circuit courts; between a district judge and the superior court of a State or of the Federal District, between superior courts of different States, or between the superior court of a State and the Superior Court of Justice of the Federal District, in the protection proceedings; of the denunciations of contradiction between theses that sustain two or more collegiate circuit courts, for the purposes referred to in the Regulatory Law of articles 103 and 107 of the Political Constitution of the United Mexican States; Of the controversies that arise in connection with the agreements referred to in the second
paragraph of Article 119 of the Constitution; Of the recognition of innocence, and the others expressly entrusted to them by law. The Supreme Court of Justice has two sessions per year; the first begins on the first business day of the month of January and ends on the last business day of the first half of the month of July; the second begins on the first business day of the month of August and ends on the last business day of the first fortnight of the month of December.
Council of the Judiciary, Courts and Courts of the Judicial Power of the Federation
Functions: To guarantee the administration, vigilance, discipline and judicial career that allow the operation of District Courts and Circuit Courts and ensure their autonomy, as well as the objectivity, honesty, professionalism and independence of its members, in order to help the society receives prompt, complete, free and impartial justice. The Council works in Plenary or in Commissions. The Plenary is integrated with the seven councilors. It meets once a week and the presence of five of them allows you to session. The Plenary has the final decision-making power. This instance resolves on the designation -through opposition contests-, the adscription, ratification and removal, through the resolution of administrative complaints and denunciations-, of circuit magistrates and District Judges. The resolutions are adopted by a simple majority of four votes or by a qualified majority of five votes.
Authorities
Collegiate Courts: Magistrate president, Circuit Magistrates, Secretaries, Actuaries. Unitary Courts: Circuit Magistrates, Secretaries and Actuaries. District Courts: Circuit Judges, Secretaries and Actuaries. Type of subjects: Criminal, Administrative, Civil and Labor.
Electoral Court of the Judicial Power of the Federation
Functions: Resolves the controversies that arise in the electoral process, in case of violation of the federal code of institutions and voting processes can present complaints of citizens or political parties. It does not have powers to see crimes but to resolve disputes.
Authorities: Magistrates, Secretaries, instructors or study and account, actuaries or executors. Type of affairs: General matters, appeal by imposition of administrative sanctions, contradiction of criteria, conflicts or labor disputes between the Electoral Tribunal of the Federal Judicial Power and its servers, conflict of competences, trial for the protection of the political-electoral rights of the citizen, trial of disagreement, trial to settle disputes or labor disputes of the Federal Electoral Institute, trial of constitutional electoral review, opinions requested by the Supreme Court of Justice of the Nation regarding unconstitutionality actions, appeal, appeal reconsideration, appeal for review, request for exercise of the faculty of attraction of the superior room, appeal for reconsideration in matters of transparency, appeal for review in matters of transparency and others.
Superior Courts of Justice of the States
Functions: It is not in itself a body of justice but it is the local judiciary, it includes courts of the common jurisdiction as halls of the superior court, the matter can be civil, family and criminal. They depend on the president of the court and below the president are the upper rooms that are integrated by courts, each court knows its subject. They have rooms composed of 3 magistrates and are superiors of the courts and can appeal the decisions of the court. The only ones who can go to a criminal court is the public prosecutor, you cannot go as private. Authorities: Justices of the Peace, First Instance Judges, Regional Chamber Magistrates, Superior Court Chamber Magistrates, Constitutional Court Magistrates, Judicial Council Councilors, Court of Justice Secretaries, Trial Court Clerks, Secretaries of First Instance Superior Court Room, Actuary or equivalent of the peace court, Actuary or equivalent of the court of first instance, Actuary or equivalent of the Superior Court Chamber. Type of issues: Civil (Includes commercial and family competition if applicable), Criminal, Family, Commercial, Teen, Mixed.
Federal Court of Fiscal and Administrative Justice
Functions: Your job is to monitor that the authorities do not violate the rights of individuals, it is an autonomous body but its resolutions can be challenged before federal courts. It is integrated by magistrates and has 21 Regional Rooms and 1 Superior Room. Nullify administrative acts of administrative authorities, such as: Ministry of Finance, Ministry of Public Administration, Ministry of Communications and Transportation. For example, if you are fined for not complying with taxes, you can attack this type of fines in the courts.
Authorities: Magistrates, Secretaries, Actuaries and Executors.
Type of issues: Tax matters, pensions, contracts, responsibilities of public servants, payment of guarantees, trade, and administrative acts.
Courts of the Contentious Administrative of the States
Functions: Resolve the legal conflicts derived by the acts of the administrative authority that are challenged by the individuals.
Authorities: Judges, magistrates and / or advisers, actuaries secretaries. Type of issues: Fiscal and Administrative.
Courts and Electoral Rooms of the Federal Entities and the Federal District
Functions: Resolves the controversies that arise in the electoral process, in case of violation of the local code of institutions and voting processes can present complaints of citizens or political parties. It does not have powers to see crimes but to resolve disputes.
Authorities: Judges of first instance, Magistrates of the Regional Chamber, Magistrates of the Superior Chamber or its equivalent, Secretary of the electoral jurisdictional body of the first instance, Secretary of the Regional Chamber, Examining or study secretary and the Superior Court account or its equivalent, Actuary of electoral body of first instance, Actuary of the Regional Chamber and Actuary of the Superior Court or its equivalent.
Type of issues: Appeal, Appeal of disagreement, Judgment of political-electoral rights, Labor disputes, Administrative complaint, Sanction procedure, Appeal for review and In-execution of sentence.
Federal Board of Conciliation and Arbitration
Functions: The daily function of the Federal Board of Conciliation and Arbitration is to impart justice, promoting social peace and harmony in labor relations, through conciliation and arbitration.
Authorities: President, Special President, Foreign President, Assistant, Secretary of Agreements, Actuary, Head of Department, Deputy Head of Department, Workers Representatives.
Representatives of Employers.
Type of issues: Individual Conflicts, Groups, Strikes.
Local Conciliation and Arbitration Boards
Functions: Address the individual and collective conflicts that arise between workers and employers in the corresponding states.
Authorities: President, Special President, Auxiliary, Secretary of Agreements, Actuary, Head of Department, Deputy Head of Department, Representatives of workers, Representatives of Employers.
Type of issues: Individual Conflicts, Groups, Strikes.
Federal Court of Conciliation and Arbitration
Functions: Labor justice body competent to solve individual and collective labor disputes that arise between the dependencies of the Federal Public Administration, the Government of the Federal District, its workers and their trade union organizations.
Authorities: Presiding Magistrate, Magistrates Representatives, General Secretary of Agreements, Assistant General Secretary, Secretaries of Agreements and Hearings, Technical Unit Directors, Unit Directors, Auxiliary Attorneys, Conciliating Officers, Collective conciliators, Planners and reporter.
Type of issues: Incidents, Direct Protection, indirect Protection granted, Awards issued, Agreements denounced, Workers benefited.
Agrarian Superior Court
Functions: The Agrarian Courts are the federal organs endowed with full jurisdiction and autonomy to dictate their judgments, to which corresponds, in the terms of fraction XIX of Article 27 of the Political Constitution of the United Mexican States, the administration of agrarian justice Throughout the national territory.
Authorities: Magistrate, Supernumerary Magistrate, Secretary of study and account, Secretary of agreements, Undersecretaries of agreements, Executing Actuary.
Type of issues: agrarian lawsuits, appeals for review, excitatory justice, complaints, various matters of competence, excuses and / or impediments, competing attractions, conflict of jurisdiction, revocation appeals, files submitted to the courts.
State Conciliation and Arbitration Courts
Functions: Organ that intervenes for the knowledge and resolution of disputes arising between the Government of the State and public servants or between them, derived from their employment relationship.
Authorities: Presiding Magistrate, General Secretary, Assistant Presidents, Project Assistants, Actuaries, Secretaries, Administrative Support Personnel.
Type of issues: Incidents, direct protection, direct protection granted, indirect protection, indirect Protection granted, Awards issued, Agreements denounced, General Agreements, Workers benefited.