The amparo lawsuit is a constitutional protection mechanism that allows any person to challenge acts of authority that violate their fundamental rights. It is regulated by the Amparo Law, and its purpose is to ensure compliance with the Constitution.
The amparo is valid when a public authority (such as a judge, an official, or a government institution) issues an act that affects human rights recognized in the Constitution and international treaties.
Common examples include:
There are two main types of amparo in Mexico:
Direct amparo: Filed against definitive rulings or awards issued by courts.
Indirect amparo: Filed against administrative or regulatory acts that violate human rights.
Any individual or legal entity whose rights are affected can file an amparo lawsuit. Organizations defending collective interests in specific cases, such as the environment or indigenous rights, can also file an amparo.
1. Filing the complaint with a district court judge.
2. Admission and possible suspension of the contested act, if deemed necessary to prevent irreparable harm.
3. The phase of presenting evidence and arguments, where both parties present their case.
4. The judge's ruling, which determines whether the act is unconstitutional or not.
5. The possibility of review, in case of disagreement with the decision.