Amendment to the Public Defender Law

RESOLUTION by the Managing Board of the Federal Institute of Public Defense Services regarding the application of the reform to the Federal Labor Law as well as of the Federal Law of Public Defender Services, published on May 1, 2019, and its transitory regime.

Resolution ACT-JD/ORD/II/25/06/2019.06, interpreting the implementation of the reform to the Federal Labor Law, as well as of the Federal Law of Public Defense Services (the “Resolution”), was published in the Official Gazette of the Federation on August 15, 2019. Given the above, below please find a summary of the most relevant aspects:

In the first place, modifications deriving from the labor reform were proposed, including the guarantee of the right to defense in labor matters, through the possibility to providing legal advice services to the persons defined by the Federal Courts on labor matters, in terms of the applicable rules and regulations.

Therefore, it was concluded that, in accordance with the Transitory Articles of the Decree through which the reform in labor justice matters was issued, the Federal Institute of Public Defense Services (the “Institute”) does not have the competence to provide public defense services in labor matters that guarantee a proper defense of the worker, until the Federal Center for Labor Conciliation and Registration and the Courts of the Judicial Power of the Federation in labor matters begin their operation.

Given the above, the Resolution urges the Institute to take the necessary actions to be in a position to begin providing legal advisory services in labor matters once the provisions contemplated by the labor reform in Labor Justice, Union Freedom and Collective Bargaining matters are in place.

In case of any question or clarification in regard to the published Decree, the lawyers at De La Vega & Martínez Rojas, S.C. will be happy to assist you.