La disposición por el Estado de cuentas bancarias estáticas frente a la garantía de audiencia

Abstract

Article 14, second paragraph, of the Political Constitution of the United Mexican States requires every authority of the Republic that, prior to the issuance and execution of a resolution that deprives an individual of a legal asset, they grant the individual who intends to injure with an act of deprivation, the opportunity to raise a legal defenseof your rights. Article 61 of the Credit Institutions Law establishes the legal assumption that, in case of updating, and in the case of fund-raising instruments administered by banking entities, whose amount for principal and interest does not exceed the equivalent of three hundred Units of Measure and Update, proceed to deprive their owners of their property so that they enter the patrimony of public welfare. The objective of this paper is to demonstrate that the legal provision contained in article 61 of the Credit Institutions Law is contrary to the right to a hearing provided by article 14 of the Constitution.