Abstract

LOPEZ HERNANDEZ, Edwin. Comments to jurisprudence 2a./J. 40/2018.Of the unnecessary attainment of a professional degree to be appointed advisor in agricultural trials. Rev. latinoam. derecho soc [online]. 2021, n.33, pp.229-241.  Epub Dec 16, 2021. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2021.33.16329.

On May 11, 2018, the jurisprudential thesis 2a./J was published in the Federal Judicial Weekly. 40/2018. This thesis confirms that to be appointed advisor to the parties within an agrarian trial, it is unnecessary to have a professional title that accredits him as a Law Graduate. From the text of the aforementioned jurisprudence, it is noted that one of the parties can appoint a qualified Lawyer as its advisor, while the other party can even appoint a student or an intern of the Law Degree as its advisor without implying a violation of the formalities of the agrarian procedure. Consequently, said criterion allows the agrarian trial to continue in all its stages, considering that there is procedural equality.

As a result of the foregoing, it is considered necessary to study the reasoning presented and the conclusion reached by the highest court in the country, analyzing them in light of the principle of technical and adequate defense.

Keywords : jurisprudence; advisor; procedural equality; agrarian process; Lawyer.

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