VIII-P-SS-257
PUBLIC FAME EVIDENCE. ITS ASSESSMENT AT THE FEDERAL ADMINISTRATIVE PROCEEDING.- Of the foreseen in article 40, second paragraph, of the Federal Law of Contentious Administrative Proceeding, you can see that at the trials filed before the Federal Court of Administrative Justice, all kinds of evidence will be admissible, except for the confession of authorities through acquittal of positions and the petition of reports, unless these are limited to facts that are evidenced by documents that are in power of the authorities; whereby it can be concluded that they are admissible at trial, those evidentiary elements that historically have been recognized by the positive Mexican law, as it is the case of the public fame evidence. Element of conviction that constitutes a kind of testimony, in which the ones that declare must have certain qualities that grant them credibility, so that for their age, knowledge, recognition at the social environment in which the activity subject to controversy are carried out and for the independence of their social position, truly deserve the name of reliable. Therefore at the federal administrative proceeding must be admitted the public fame evidence and be granted at the respective sentence, a value of conviction greater than the one that would correspond to the declaration of the person that does not possess the indicated qualities.
Administrative Proceedings No. 16957/15-17-07-8/3894/17-PL-02-04.-by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice in its session of January 17, 2018, by majority of 8 favorable votes and 3 dissenting votes.- Reporting Judge: Nora Elizabeth Urby Genel.- Secretary: Lic. Ana Patricia López López. (The thesis was approved in a session from September 19, 2018)