A direct amparo is one in which the claim is made before the competent authority so that it can be redirected to the corresponding Circuit Court, which is the body in charge of passing judgment.
In an indirect protection, the claim is presented before the District Judge, who is the one who decides. However, in this case the resolution can be reviewed by the Circuit Court, hence the term “indirect”.
An amparo trial is one that is carried out to resolve conflicts before the authorities, in which it is presumed that individual freedoms have been violated. This legal figure was created in Mexico, it was mentioned for the first time in the 1917 constitution and since then it has been replicated in the laws of other countries in the region.
| Direct protection | Indirect protection | |
|---|---|---|
| Definition | It is an appeal that is filed before a legal authority to be forwarded to a Circuit Court | It is a trial carried out by a District Judge. |
| Competent authority | Circuit Court. | District Judge, and if necessary, Circuit Court. |
| Cases in which it proceeds |
|
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Index
What is a direct amparo?
It is an appeal that is presented to a competent body so that it is in charge of granting or denying the suspension of the act claimed and sending it to the corresponding Collegiate Court.
Once said Court passes judgment, no other recourse is appropriate.
Cases in which a direct amparo proceeds
A direct amparo proceeds against any resolution that ends the trial and that is issued by a judicial, labor, agrarian or administrative court. In addition, all ordinary resources that are established in the law and that in some way can revoke or modify a resolution must be exhausted.
Another case in which a direct protection proceeds is in those sentences that put an end to a trial and that are dictated by a court in administrative litigation, as long as the resolution is favorable for the affected party.
In this circumstance, the resolution can be challenged with an administrative appeal for revocation, then the sentence can be taken to an administrative contentious trial and, after the Federal Court issues its resolution, it can no longer be challenged, so it is possible to file a judgment of direct protection before the corresponding Collegiate Court.
Procedure of a direct amparo trial
For a direct amparo trial to take place, a series of steps must be followed:
- The affected or complainant files the claim before the competent authority that issued the sentence to claim.
- The responsible authority must certify the date of notification and presentation to the complainant, notify the interested third party and deliver the corresponding report with the necessary actions for the claim to be executed, if applicable.
- The Circuit Court receives the report with all the required attachments and decides whether the claim is rejected, admitted, or requires modifications.
- If the claim is admitted, the Circuit Court will set a deadline for the parties to present their written arguments.
- The Court will study and resolve the case. When this occurs, the President of the Court will send the file to the corresponding magistrate, who will be in charge of drafting the resolution.
- The sentence will be dictated by majority of votes or by unanimity of the Court.
What is an indirect protection?
An indirect amparo is a trial that, although it is carried out by a district judge, its resolution can be reviewed, either by the Circuit Court or by the Supreme Court, as appropriate.
Cases in which an indirect protection proceeds
- An indirect amparo lawsuit will proceed against acts of impossible reparation (actions that, once carried out, generate consequences that cannot be restored to their original state).
- Similarly, an indirect protection takes place against acts or laws that do not originate in administrative, judicial or labor courts.
- Acts carried out out of court, or after its conclusion, that do not originate in the aforementioned courts or that affect people outside the court.
Indirect protection proceeding
These are the steps to initiate a lawsuit for indirect protection:
- The affected person makes a claim before the District Judge or Circuit Court.
- The corresponding authority will examine the claim and determine if it admits it, rejects it or requests modifications.
- If the claim is admitted, the date of the hearing will be set.
- The affected party’s counterpart (called interested third party) and the public prosecutor will also be notified, who may notify their disagreement with the claim, either by providing evidence or invoking the inadmissibility of the trial.
- In this case, the competent authority decides if the disagreement of the interested third party or the public prosecutor is justified or if, on the contrary, it is inadmissible and therefore, the act claimed is within the constitutionality.
