Amparo Proceedings: Key Principles and Legal Framework

Posted on Dec 18, 2024 in Law & Jurisprudence

Hermetic Jurisdictional Relations

  • Coordination: Represents entities in the same category.
  • Supraordination: One entity is above another, both being of the same level.
  • Subordination: Coercible authority governed under a higher authority.

Types of Amparo

  • Direct Amparo: Challenges final judgments or awards that end a trial.
  • Indirect Amparo: Challenges any act that affects an individual.

1. Instance Rules or Principles of the Amparo Proceeding

  • Article 107, Fraction I of the Constitution: Amparo will always proceed at the request of the aggrieved party.
  • Article 4 of the Amparo Law: The Amparo can be promoted by the party affected by the law, international treaties, regulations, or any other person on their behalf or by a representative.
  • Article 117 of the Amparo Law: Addresses acts involving danger of death, mutilation, exile, or threats to life.
  • Article 116 of the Amparo Law (Sue): Requires a written claim with the name and address of the complainant, the name and address of the injured third party, the act being challenged, and a statement of the truth containing constitutional requirements.
  • Article 166 of the Amparo Law (Sue): Requires the name of the injured third party, the complainant’s name, the responsible authority, the case, the final date of the final judgment being challenged, and constitutional requirements.

2. Direct Personal Grievance

  • Article 103, Fraction I of the Constitution: Federal courts will settle disputes that arise from laws or acts of authority that violate individual guarantees.
  • Article 107, Fraction II of the Constitution: Judgments will only address particular individuals, limiting themselves to protecting them in the specific case, without making a general statement about the law that motivates the complaint.
  • Tort: An injury suffered by an individual, ruled by personal authority, that a person or entity resents in the legal field.
  • Direct: Direct on past deeds.
  • Article 80 of the Amparo Law: The final decision shall restore the situation, both positively and negatively.
  • Positive: Leave the situation untouched before sentencing.
  • Negative: Respect, uphold, and fulfill the guarantees.

3. Definitiveness

  • Article 107, Fraction III of the Constitution: Where acts of courts (administrative or labor) are challenged, Amparo will only proceed in the following cases: against final judgments after all appropriate authorities have been exhausted, acts whose performance during the trial is impossible to repair, or against any strangers to the trial.
  • Direct Amparo: Promoted in trial courts.
  • Indirect Amparo: Promoted in courts for those who are not exempt.

Exemptions from Finality

  1. Marital or family order affecting.
  2. Inability of the complainant.
  3. Administrative acts (that require greater protection requirements).
  4. Third party alien to the view (when no procedural quality exists).
  5. Lack of support (founded and substantiated).
  6. Verbal acts (not in writing, no foundation).

Integration of the Standard

  • Literal (Semantic): Word for word.
  • Syntax: Completed paragraphs for internal and external logic to validate or invalidate.
  • Systematic: Study of the historical norm.
  • Evolutionary History: When the norm is unclear, study the historical evolution.
  • Axiological: Conforms to the values of society.

Trial by a Third Stranger by Equiparation

The defendant was not given notice of the trial.

4. Relativity

Sentences are limited to whoever promoted them.

Incidents

Incidents will occur just before or after the sentence. Incidents of execution are only exceptions.

A ruling ordering the reinstatement of the process will only expand to co-defendants, provided there is a litis consortium.

  • Assets: Multiple actors.
  • Liabilities: Multiple defendants.

5. Principles of Strict Law

  • Article 76 of the Amparo Law: The sentence pronounced in an Amparo will only address the individuals or legal entities (private or public officers) who have requested it, merely protecting them, if applicable, in the special case presented in the demand, without making a general statement justifying the acts.

Exceptions to the Amparo Award

  • Article 76a of the Amparo Law: The authorities overseeing the trial must supply the deficiency of the concepts of violation in the demand and grievances raised in the resources that this law establishes. This applies in the following cases:
  • In any matter where the acts claimed are unconstitutional laws, as determined by the jurisprudence of the Supreme Court of Justice.
  • In criminal matters, substitution operates in the absence of concepts of rape or outrage of the defendant.
  • In labor matters, substitution applies only for the worker.
  • In favor of minors and disabled individuals.

Parties in an Amparo Proceeding

  1. Complainant: The person (public, private, or social) who believes their safeguards have been violated.
  2. Public: When assigned a particular interest.
  3. Private.
  4. Social: Commercial and civil unions, ejidos.
  5. Ecclesiastical: Churches, political parties, and associations.
  6. Electoral: Majors, minors, and foreign nationals.
  7. Allegedly (Injured): The person presenting the application.
  8. Tort (Ruling that granted the Amparo).
  9. Responsible Authority: The entity alleged to have violated the guarantees.
  10. Third Party in a Criminal Trial: There are three types of injured parties:
  11. Offended: Not entitled to compensation for damages.
  12. Administrative Matters: The person who has managed the event.
  13. Public Ministry: In charge of enforcing the sentence for constitutional protection.