The Amparo trail finds its constitutional status in the Federal Constitution of 1857 as it was encompassed in articles 101 and 102. The original nature of this procedure was as a constitutional control exercised by the judiciary branch in order to prevent possible abuses of power committed by the executive or legislative branches. In the Amparo process, violations to individual rights are ventilated and it may bring about modification or revocation of the act causing a legal damage.
The trial’s main objective is to solve the existent controversies from: (a) laws or acts of authorities violating individual rights; (b) laws or acts of federal authorities which restrain the States’ sovereignty, and (c) laws or acts of the States which invade Federal authority. Nevertheless, this constitutional control has become a concrete base of remedies in favour of those whose particular rights have been affected by unconstitutional provisions or unlawful acts. Its regulation and statutory provisions are contemplated in article 107, under the following principles: “All special trials directed to protect privileges and immunities shall start by an affected individual lawsuit”.
This is the principle of Affected Ex–Parte Action. Only a party affected by an unconstitutional law or unlawful act is entitled to exercise the constitutional action. The plaintiff must prove that the unlawful act or provision has produced a direct and personal grievance in his or her personal rights or immunities. In others words, any claim of this nature may not be started ex-oficio.
Posts
