Dear friends, today we will address the following comments which have to do with the recent reform to the Amparo Law, but for everyone to be clear on the subject, what is it or why is it requested, this Constitutional right is enshrined in Articles 103 and 107 of our highest legal order, that is the Political Constitution of the United Mexican States, so that given these enshrined rights, arises its secondary law known as the “Amparo Law”, but how is this right exercised or against what acts? Well, any citizen has the right to exercise this constitutional norm whenever his human and substantive rights are affected, whenever there are legal violations committed by the authorities, or when there are omissions of the same. From the above, it also follows that collective entities (companies, public entities) have the right to exercise their legal action.
It should be noted that the Amparo Law has had multiple reforms in 2011, 2013, and the most recent one this year, being the current one the one that is causing more controversy since it is intended not to apply what is known as “Amparo".“The suspension of the act”, (enshrined in Article 125 of the Amparo Law), but you may be wondering what this is or how it harms, well, in the matter of amparo, the suspension of the act is a legal incident that the law itself grants for the effects that the affected things keep their natural state until the constitutional trial is resolved, that is to say, a work is not seized, a work is not continued or a payment is not made, The above may be requested by the plaintiff (individual or legal entity requesting the constitutional protection), or if the amparo authority itself determines it ex officio, in the same manner such suspension or measure cannot modify or stop rights or generate those that have not been obtained before the filing of the amparo request.
Entering the matter of analysis, the articles that have been requested to be reformed and are reformed are the following 129 and 148 which expressly speak of the suspension of the act and its effects in the concession, this is of general rules, and of social interests, attention my dear readers, to the first article indicated the last paragraph was eliminated which spoke of
“The amparo court may exceptionally grant the suspension, even in the cases provided for in this article, if in its judgment the denial of the suspension measure may cause greater harm to the social interest”.
And to the second of the above mentioned a last paragraph was added to show to what degree or legal effect the requested suspension has, the above is not that such right enshrined via the suspension has ceased to be granted, we must be objective and emphatic in the sense of the reformed and thus make our client friends see that the reformed effects only imply acts that affect society, and not in a political and particular manner, This is so, given that no constitutional right is being violated, but as with any reform, it must first be clear what is being reformed and what sense it had, has and will have for the effect that it is being reformed.
All of the above is to make note that the Trial of Guarantees (Amparo), is the constitutional legal means that is exercised at the time of any violation of a constitutional nature that directly affects the applicant or collectively, so that the determination of the federal authority is directed to maintain the legal order of the parties involved or are affected with their judgments, always maintaining the legal and social balance in respect of the rights of all.
So much for this week's comments, we'll see you next week...
