Difference between indirect and direct protection claim

Today we bring you an informative article so that you can learn the main  differences between the direct and indirect protection claim . For those who do not know, an amparo consists of a claim that is carried out before the competent authority and then redirected to the corresponding court (which will be in charge of issuing the final judgment). In the indirect, the claim will be presented before the corresponding judge and he will be in charge of solving it (and may be reviewed by the court).

 

Direct protection
Indirect protection
DefinitionIt consists of an appeal that is presented before the competent authority so that it is in charge of approving or denying the claimed act and then it is sent to the indicated collegiate courtThe indirect amparo, unlike the direct amparo trial, is carried out by a judge and then its resolution can be reviewed by the circuit court or by the supreme court.
Participating authorityCircuit courtCorresponding judge and, if necessary, circuit court.
Cases in which it proceeds
  • Before resolutions coming from labor, judicial, agrarian and administrative courts
  • Faced with favorable judgments from an administrative contentious court
  • Before resolutions that do not come from the courts described in the direct amparo
  • Before acts that are impossible to repair

Definition of direct amparo

The direct amparo consists of an appeal that is presented before the competent authority so that it is in charge of approving or denying the act claimed and then it is sent to the indicated collegiate court. Once the latter makes the final judgment, no other recourse should be made.

When is a direct amparo appropriate?

The direct protection will proceed before resolutions that put an end to the trial and is issued by a labor, agrarian, administrative or judicial court . In turn, those ordinary remedies that the law dictates and that may affect the resolution must be exhausted.

Another way in which direct protection proceeds is, like the above described, before judgments that put an end to the trial but this time issued by courts in administrative litigation (only in cases where the resolution benefits the affected party).

In this case, said resolution may be challenged through an administrative appeal for revocation and, after the judgment, an administrative contentious trial may be carried out. Once the court has issued its decision, it can no longer be challenged.

Direct amparo trial procedure

  • The affected party must file the claim with the competent authority that issued the sentence (and that wishes to claim)
  • Said authority must first certify the date on which the affected party appeared and then notify the interested third party. To the same you must deliver a report with the steps and actions that are necessary to execute the claim.
  • The court will receive the report with the corresponding annexes and will decide whether the claim will be admitted, rejected or will need modifications.
  • In the event that the claim is admitted, the court will establish a period for the parties to present written arguments.
  • Once this is done, the court will analyze the allegations and resolve the case. The president of the court will be in charge of sending the file to the corresponding magistrate and he will draw up the resolution.
  • The final sentence will be unanimously by the court or by majority vote.

Definition of indirect protection

The indirect amparo, unlike the direct amparo trial, is carried out by a judge and then its resolution can be reviewed by the circuit court or by the supreme court.

When an indirect protection is appropriate

Indirect protection will proceed in cases of acts that are impossible to repair , that is, those actions that generate consequences that make it impossible to restore them to the original state once carried out.

In turn, the indirect protection proceeds before acts or laws that have not originated in administrative, labor or judicial courts, and before acts carried out out of court (or once it has ended) and that do not originate in the courts. described above.

Indirect protection trial procedure

Here are the steps necessary to initiate a lawsuit through indirect protection:

  • The affected person must file a claim with the corresponding judge or court.
  • The aforementioned authority will examine the claim presented by the affected party and will determine whether it should be approved, rejected or should undergo modifications.
  • If approved, a hearing date will be set.
  • In turn, the interested third party (that is, the counterpart that the affected party has sued) and the public prosecutor will be notified. They may then notify their disagreement with the claim presented and may present evidence against it or invoke the inadmissibility of the trial.
  • Once said disagreement is presented by the affected party’s counterpart, the corresponding authority must decide whether to declare the trial as inadmissible or not.

Add a Comment

Your email address will not be published. Required fields are marked *