Amparo
The amparo is a legal process which is employed for the summary vindication of any constitutional guarantee or human right recognized by the Constitution of Mexico. Beyond the writ of habeas corpus, the amparo is extended to all constitutional guarantees and human rights recognized by the Mexican Judicial System, not solely the personal liberty; hence has as its main objective to solve any controversy that may arise between laws, acts and omissions of the public authorities, or, for instance, the private authorities whose functions are established in the law, that violate the human rights and the constitutional guarantees assured by the Political Constitution of the United Mexican States and the international treaties signed and ratified by the Mexican state.
Through the process of amparo the human rights recognized by Mexico pretend to be real, practical and effective.
The amparo’s objective is to make real, practical and effective the human rights recognized by the Mexican justice, restoring one or more natural and/or legal persons, as a claimant or claimants, in the full enjoyment of the violated right, by restabilising the situation as it was before the violation, or by forcing the executive, legislative or judicial authority to respect the right and comply with what it demands, when, by a negative act or an omission, is affecting it.
Following certain rules, in practical terms any natural or legal person can ask for an amparo against any authority’s act that violate one or more human rights recognized in Mexico.
The first type of amparo is called direct amparo, which is presented before a federal collegiate circuit court, regarding definitive rulings and judgments decided or determined by judicial, administrative, land or labour courts; and its main purpose is to review the constitutionality of such rulings or judgments.
The second type of amparo is called indirect amparo, which apply to the rest of the authorities’ acts, and is presented before a federal district judge, being possible to “appeal” her and/or his decision before a federal collegiate circuit court, through what is known as “review resource”. Its main objective is also to verify if the authority’s act is in accordance with the Constitution of Mexico.
Nevertheless, in the judicial practice, the amparo is complex and difficult, therefore is helpful and desirable to consult specialized attorneys, although one could be a lawyer, maybe just for a second opinion, as a general practitioner might ask a neurosurgeon, because, for example, the percentage of direct amparos granted by the federal collegiate circuit courts in the First Circuit in Mexico City, from two thousand seven to two thousand sixteen, was less than forty percent, and not always granted in the best possible terms.
In regard to the percentage of indirect amparos granted by the federal district judges in the same circuit, in the same time period, it was solely of around thirty percent, taking off the ones that were based in previously granted amparos, in the judicial practice informally known as “machotes”, and taking off the ones that were not granted in the best possible terms. Concerning the review resources solved by the federal collegiate circuit courts, is difficult to measure the success rate, hence we can only state that most of the decisions of the federal district judges were affirmed.
Therefore we have discovered that our forte for writing or presenting or looking over amparos or amparos adhesivos, and/or incidents and/or resources and/or memorandums and/or opinions of the amparos, as well as to orally defend arguments before the judicial authorities, in any phase of the amparos; being yourself a claimant, a third party or a private authority whose functions are established in the law, our specialization can help not only to obtain favourable results, but better results regarding those favourable results. Thus, we can help that your or your client’s amparo is not only granted but granted in better terms.
In relation to these issues, either you chose us or not, we suggest for you to consult a specialist as soon as you think that a Mexican authority has violated one or more of your human rights recognized in Mexico, because in most cases you have fifteen business days to present the amparo to the competent judicial authority.