The SCJN takes up the Frida Kahlo case
The Supreme Court of Justice of the Nation (SCJN) decided to resume its jurisdiction to analyze a key case on the protection of Frida Kahlo’s work. The plenary session of the highest court will study whether it is constitutional to prohibit the definitive departure from the country of paintings by the artist that are in the hands of individuals.
The presidential decree of 1984
The central point is article 6 of the decree issued in 1984, during the government of Miguel de la Madrid. The provision declared Kahlo’s entire production an artistic monument and prohibited its permanent export. Now, the Court must determine whether this restriction exceeds the powers of the Executive Branch.
The case strikes a balance between the protection of cultural heritage and property rights. The resolution will set a precedent on the scope of the State to limit the circulation of private artistic goods.
The SCJN has not set a date for the discussion in plenary, but the debate promises to be intense between ministers. Meanwhile, collectors and heirs are closely following the process.




