
The constitutional reform published in the Official Gazette of the Federation on June 6, 2011, and effective as of October 4 of that year, is of great significance for the amparo proceeding. This legal mechanism now operates within a new constitutional paradigm that promotes a legal culture aimed at ensuring the maximum effectiveness of fundamental rights.
The provisions governing the amparo proceeding are closely linked to fundamental rights; they must be created, applied, and interpreted in light of the Constitution, based on the human rights it enshrines and those recognized in the international treaties to which it refers.
This constitutional procedure plays a crucial role in respecting, protecting, and guaranteeing human rights. It is an effective legal remedy that protects individuals against actions that violate those rights.
The amparo proceeding is a constitutional process within the Mexican legal system, specifically intended to give real, effective, and practical force to the individual guarantees established in the Constitution. Its purpose is to protect individuals against unlawful actions by any authority that violate constitutional rights.
The amparo is based on the Mexican Constitution and the Amparo Law, which regulates Articles 103 and 107 of the Federal Constitution. It is grounded primarily in the limitation of governmental power, a legal and logical result of the sovereign will expressed in the early articles of the Constitution, which guarantees human rights, along with the international instruments to which Mexico is a party.
It is the primary legal remedy for protecting the most important rights of every person within Mexico—namely, the individual guarantees granted by the Political Constitution of the United Mexican States.
The Amparo Proceeding May Be Invoked in the Following Cases:
- Against acts by authorities that violate individual constitutional guarantees.
- Against laws or acts by federal authorities that infringe upon or restrict the sovereignty of the States.
- Against laws or acts by State authorities that intrude into the jurisdiction of federal authorities.
In the last two cases, the invasion of powers must result in violations of the constitutional rights of one or more individuals.