A direct amparo is one in which the demand is made before the competent authority so that it is the authority that redirects it to the corresponding Circuit Court, which is the body in charge of issuing a sentence.
In an indirect amparo, the claim is filed before the District Judge, who is the one who resolves the case. However, in this case the resolution may be reviewed by the Circuit Court, hence the term “indirect”.
An amparo trial is one that is carried out to resolve conflicts before the authority, in which it is presumed that individual liberties have been violated. This legal figure was created in Mexico, it was first mentioned in the 1917 constitution and since then it has been replicated in the legislations of other countries in the region.
| Amparo directo | Indirect amparo | |
|---|---|---|
| Definition | An appeal that is brought before a legal authority for remand to a Circuit Court. | It is a trial conducted by a District Judge. |
| Competent authority. | Circuit Court. | District Judge, and if necessary, Circuit Court. |
| Cases in which it proceeds |
|
|
What is a direct amparo?
It is a recourse that is filed before a competent entity so that it will be in charge of granting or denying the suspension of the challenged act and send it to the corresponding Collegiate Court.
Once said Court issues a sentence, no further appeal is allowed.
Cases in which a direct amparo is applicable
A direct amparo proceeds against any resolution that ends the lawsuit and that is issued by a judicial, labor, agrarian or administrative court. In addition, all ordinary remedies established by law that may in any way revoke or modify a resolution must be exhausted.
Another case in which a direct amparo is applicable 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 to the affected party.
In this circumstance, the resolution may be challenged with an administrative appeal for revocation. Then, the ruling may be taken to an administrative contentious trial. After the Federal Court issues its resolution, it can no longer be challenged, so a direct amparo proceeding may be filed before the corresponding Collegiate Court.
Procedure for a direct amparo trial
In order for a direct amparo trial to be carried out, it is necessary to follow a series of steps:
- The affected party or complainant files the lawsuit before the competent authority that issued the judgment to be challenged.
- 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 required attachments and decides whether the claim is rejected, admitted or requires modifications.
- If the complaint is admitted, the Circuit Court will set a time limit for the parties to file written pleadings.
- 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 judgment shall be rendered by majority vote or unanimously by the Tribunal.
What is an indirect amparo?
An amparo indirecto is a trial that although it is conducted by a district judge, its resolution may be reviewed, either by the Circuit Court or by the Supreme Court, as the case may be.
Cases in which an amparo indirecto is applicable
- An indirect amparo trial 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 amparo takes place against acts or laws that do not originate in administrative, judicial or labor courts.
- Acts carried out out of court, or after the trial has concluded, that do not originate in the aforementioned courts or that affect persons outside the trial.
Procedure of an indirect amparo trial.
These are the steps to initiate an indirect amparo trial:
- The affected party files a lawsuit before the district judge or Circuit Court.
- The corresponding authority will examine the claim and determine whether to admit it, dismiss it or request modifications.
- If the complaint is admitted, the date of the hearing will be set.
- The counterpart of the affected party (called interested third party) and the Public Prosecutor’s Office will also be notified, who may notify their disagreement with the lawsuit, either by providing evidence or by invoking the inadmissibility of the lawsuit.
- In this case, the competent authority decides whether the disagreement of the interested third party or the public prosecutor’s office is justified or if, on the contrary, it is inadmissible and therefore, the challenged act is within the constitutionality.
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