Definition of Amparo Trial
Miscellanea / / July 04, 2021
By Florencia Ucha, on Feb. 2015
The means to defend basic rights and counteract arbitrariness
The judgment of protection is a procedural resource widely used in Mexico and that enjoys the recognition and protection of the Constitution national of that country. Then, within the Mexican legal system, which is the set of norms that govern the Mexican state from the legal point of view, the trial of amparo is a means of frequent use when the interested party who initiates it feels harmed in any of her fundamental rights due to some authority.
As is the case in almost all countries that have a national constitution, it stands as law supreme and mother of the rest of the norms, that is, the rest of the normative it must be adjusted and respected. Because the constitution collects and stipulates the fundamental rights of people.
However, we also know that violations of these rights are an unavoidable and recurrent issue. Despite what the constitution stipulates and that is why in the case of Mexico the so-called
resources of protection so that anyone who is affected by a violation of any of her fundamental rights can initiate an action to repair the damage in question. Approximately towards the middle of the XIX century this procedural means was put into practice.A constitutional and institutional control mechanism
We could say that the primary mission of the amparo trial is to control the functioning constitutional law and in that case in which the correct scope is affected, the right through this resource.
Any individual, a Mexican citizen who feels attacked or damaged in any of her rights and fundamental guarantees may initiate this amparo lawsuit against those responsible who inflicted that damage.
To guarantee the rule of law and that citizens are not affected by some improper act on the part of the authorities is that resources such as the of the amparo trial and by case they are essential and an enormous guarantee and protection that people have before the giant condition.
In addition to being a right of citizens, the amparo trial in some way also exercises control over the act of the officials and authorities who have the task of correctly and satisfactorily applying the law current.
Issues in Amparo Trial