The man must be free to attain happiness, but as living in society, creating self-limited cause your behavior, and emerging standards and self-determining adopting a system of life, giving the types of state may be Republican, Monarchy, etc., and setting all this in a document that will be the constitution of individuals.
And it is necessary, since men have established that there is an entity over which obliges them to respect certain standards, this justifies the existence government since the raison d'être of the latter is to be guardian of the standards that the individual in the exercise of their freedom has been implemented, when the governor is not fulfilling its task entrusted to him and abuse as a superior body The defense means society needs to ensure the legal rules established to better relations between children and between rulers and ruled.
The amparo is a constitutional procedural means Mexican law, which is specifically designed to make real, effective and practical, the individual guarantees established in the Constitution, seeking to protect the acts of all authorities regardless of rank, including the highest, if they violate these guarantees. Is regulated by the Constitution and the Law on Amparo, regulations of Articles 103 and 107 of the Federal Constitution.
is based on the idea of \u200b\u200blimiting the power of government authorities, which legal and logically from the decision of sovereignty in the first articles of the Constitution guarantees human rights. Only the acts issued by the Supreme Court and as well as acts related to electoral matters are outside the action.
trial is defined as a sui generis constitutional and legal ward, whose sentence does not make statements but only generally be realized to support and protect the complainant restored to the enjoyment of the security breached. Its purpose is to protect the constitution, namely that the authority really see what it establishes.
In this present work for further understanding Amparo establish and define some of the so-called principle of protecting, they are:
A set of legal rules, the principles that regulate both the preparation and appropriate action the procedure of the proceedings concerned, the decision to promulgate and enforcement of judgments for defense.
under principles is called a group of institutions process laid down in Article 107 of the Constitution of the United Mexican States and the law school, serving as a basis or foundation for the exercise of the writ of amparo and the sentence it handed down.
Among the most important and briefly define the following letter are:
parte Top aggrieved
Principle of existence of a direct personal insult
Case
finality principle of strict law principle
origin principle under the principle of substitution
the complaint deficient
Amparo Principles Principle
instance aggrieved party
angular Principle under, through this principle is enshrined in constitutional action in court, appears first time in 1857 constitution in Article 102, Article 107 currently first fraction:
Article 107. All controversies mentioned in Article 103 shall be subject to the procedures and
legal forms prescribed by law, according to the following principles:
I. The injunction will continue always at the request of the injured party
Therefore shall the protection provided at the request of parties and never trade.
exercise under the action applies only to the individual or corporation is deemed to have been affected by an act of authority.
The Supreme Court mentioned that the principle of initiative or request of a party:
"... makes the trial ever to operate informally and, therefore, to be born is essential that someone promotes, principle which becomes obvious when one considers that the monitoring procedure, as trial is, can only come to life through the exercise of legal constitutional action the governed, which attacks the authoritarian act deemed detrimental to their rights ...".
is also stipulated in Article 4 of the Law of Amparo
Article 4 Protection Act. "The injunction can only be promoted by the party who harms the law, the international treaty, the regulations any other act that is claimed, can do it, by its representative, through his counsel, if it is a criminal case by a relative or stranger in cases where the law expressly permits, and can only be followed by the victim, his legal representative or advocate. "
This principle is essential, as the governed is the holder action, ie that the individual (individuals and corporations and bodies than the federal and state) are available to the instrument that is the injunction to enforce their individual rights. Top
existence of a direct personal insult
The damage suffered by the Governor in his sphere of rights by the official act or act in question is called a tort. This must be personal, ie, falling in a specific person, it must also be direct, affect the legal rights of the plaintiff, furthermore, their attainment past, present or future impending execution "must be true. The legal standard to follow to have close ties, is in the sense that the injunction can only be followed by the party who harms the act or law that is claimed.
Nature of grievance: a grievance that there needs to be:
* personal, falling on a person or entity.
* Direct, ie carrying past, present or imminent future
* material, is the damage it causes an authority (violation of guarantees)
What is tort?
Literally the word tort has among its meanings the offense or harm that is done by someone of his rights or interests. Second Board
SCJN
INJURY TO THE EFFECTS OF AMPARO. The concept of injury for purposes of protection, should not be taken in terms of civil law, or as the lawful deprivation of any gain that may have been obtained, or impairment in equity, but as synonymous with offense is made to the rights or interests of an individual.
What is a personal grievance?
is "personal" to the extent that the damage must be caused to an individual or concrete, not abstract, which is identified as the owner of the right violated.
What is meant by direct injury?
From the perspective of our subject, we might consider that the grievance is straightforward if the authorities act immediately because of injury to the victim. Full Court SCJN
INDIRECT TORT. The indirect tort no right to suffer it to appeal to the injunction. To explain the above criteria, it is convenient to transcribe the record in relation to the injury as a basis under which the Supreme Court has held in the sense that a correct interpretation of section IV of Article 73 (today fraction V) Ley de Amparo, leads to the conclusion that it must be requested specifically by the person believes will cause you trouble by the deprivation of any rights, ownership or property, because the legal interest such fraction talking can not cover anything but the title corresponds to the complainant, in relation to the rights and possessions violated, and although injuries such natural rights is mediate or bring immediate impact on the heritage of others, are not they who have a legal interest in promoting the protection.
It is based on Article 103 of the Constitution.
Article 103. The federal courts decide all controversies that arise:
I. From laws or acts of authority that violates the guarantees individual.
II. From laws or acts of the federal authority restricting or encroaching on the sovereignty of States or the competence of the Federal District, and
III. From laws or acts of State authorities or the Federal District that invade the purview of federal authority.
Because the tort requires is detrimental to the complainant, the first sentence of Article 4 of the Amparo Act serves as the primary legal basis for the grievance:
Article 4. "The injunction can only be promoted by party who harms the law, the international treaty, regulation or any other act that is claimed ... "
The act in question is the source of grievance to the complainant. In turn, the injury is the basis of legal interest in the protection, since, in essence, this is the legally protected right, the violation of which entitles its holder to sue in federal courts that order the authority to the restitution of individual security breached. Top
judicial prosecution
states that the protection being considered as a real trial, it will have to lead to the determination thereof, shall contain all the procedural steps and forms, beginning with a lawsuit, the answer to the complaint (report prior or justified) filing authority (ordering and executing) tests as laid down under law, allegations that were verified in the constitutional and finally hearing the sentence that may be of three types:
* The absolving, denies relief to the complainant
* The one sentence, orders authority to enforce, ie
granted under that supersedes *
The relativity principle
Case argues that the decision affects only the parties involved, without the legal possibility that a third party stranger to the process may be harmed or benefited from the resolution.
It is based on Section II of Article 107 of the Constitution and 76 of the Law on Amparo, stating that the judgments of amparo only deal with private individuals or private legal persons or officers who have requested to safeguard and protect limited if appropriate, without making general statements.
Article 107. All controversies mentioned in Article 103 shall be subject to the procedures and legal forms prescribed by law, according to the following principles:
II. The sentence will always be such that only deal with individuals, limited to relief and protection in the special case on which the complaint without making a general statement about the law or act that is based.
In the amparo must supply the deficiency of the complaint in accordance with the directive of the Regulatory Law of Rules 103 and 107 of this Constitution.
When claiming acts that have or may have the effect of depriving of ownership or possession and enjoyment of their lands, waters, pastures and woodlands to suburbs or towns in fact by law or in communal status , or ejido, or communal, should be obtained from office all those tests that can benefit the organizations or individuals mentioned and agreed upon the measures deemed necessary to clarify their land rights and the nature and effect of acts claimed.
In the trials referred to above will not come at the expense of the ejido, or community centers, or ejido, or communal, procedural inactivity dismissal or revocation of the instance, but both he and the other may be ordered in their benefit. When claiming acts affecting the collective rights of the nucleus nor shall the waiver or the consent of one's actions, except that the former is agreed by the General Assembly or the second emanating from it.
Article 76 .- The judgments rendered in the amparo only deal with private individuals or legal entities, private or official who had requested, limited to relief and protection, if any, in the special case which shows the demand, without making a general statement about the law or act that is based.
finality principle establishes that in order to carry out the exercise of the writ of amparo, it must first be exhausted regular remedies provided by law on the subject of the act (usually), this principle is enshrined in sections III and IV of Article 107 of the Constitution.
This principle means that the complainant prior to the filing of defense, is obliged to uphold, in time will make all resources and means regular defense by which the act in question can be modified, revoked or nullified, in the procedure, according to the laws that govern it.
involves the obligation of the complainant to exhaust all means of defense or existing in the law that governs the act in question before starting the action of amparo.
This principle requires the governors to challenge acts of authority using regular resources so that half is under appropriate only in extraordinary form. These regular resources or judgments that must be exhausted, should result amend or repeal the acts which are in dispute, because if you do not have that purpose, its use is not mandatory.
Article 107. All controversies mentioned in Article 103 shall be subject to the procedures and legal forms prescribed by law, according to the following principles:
III. When claiming acts of courts, administrative or work, the protection will only proceed in the following cases:
a) Against final judgments or awards and resolutions to end the trial, for which no appropriate no ordinary by that can be modified or amended, whether the violation is committed in or, committed during the proceedings, affecting the plaintiff's defenses, extending the result of failure, always that civil violation has been contested during the appeal process by regular prescribed by law and invoked as a grievance in the second instance, if committed in the former. These requirements shall not apply in the protection against judgments in disputes about marital status or actions affecting the order and family stability;
b) acts in legal proceedings against the execution of which would be irreparable, outside the trial or after the conclusion, having exhausted the resources where it arises and
c) against acts affecting strangers to the trial
IV. In administrative matters under applicable also to decisions which cause an injury that can not be remedied through any action, suit or through counsel. They need not be exhausted when the law that established them, to grant the suspension of the act in question, higher requirements than the Regulatory Law of Amparo required as a condition of such suspension
V. The amparo against final decisions or awards and resolutions to end the trial, whether the violation is committed during the proceedings or the sentence itself, will be promoted to the circuit court as appropriate in accordance with the distribution of powers established by the
Organic Law of the Judiciary of the Federation in the following cases:
a) In criminal cases, against final decisions of courts, whether federal, common or military
b) In administrative matters, when individuals claim to final judgments and rulings that terminate the trial court ordered by administrative or judicial, not repairable by any action, suit or ordinary means of legal defense;
c) In civil matters, when final judgments claim in federal enforcement proceedings or in judicial business, whether federal or local authority that issued the ruling, or judgments of common order.
civil proceedings in the federal order judgments may be claimed for under any of the parties, including the Federation, to protect their proprietary interests, and
d) In labor, when claiming awards rendered by local boards or the Federal Conciliation and Arbitration or the Federal Court of Conciliation and Arbitration Service Employees
State, the Supreme Court, ex officio or upon request by the corresponding circuit court or the Attorney General's Office, will know of the protections its direct interest and importance so warrant.
VI. In the cases referred to in the preceding section, the law regulation of sections 103 and 107 of this Constitution shall indicate the procedure and terms to be imposed on the collegiate circuit courts and, where appropriate, the Supreme Court, to issue their resolutions;
Because finality is also grounds for inadmissibility of protection, its legal basis lies in Article 73 of the Amparo Act.
Article 73 of the Law on Amparo, fractions
XIII .- Against judicial or administrative tribunals or work for which the law grants a remedy or defense within the procedure, whereby may be amended; revoked or nullified, even if the aggrieved party had not timely asserted, except as Section VII of Article 107 of Constitution provides for unauthorized personnel.
Exceptions to the above arrangement where the act in question pose a threat to life, deportation or exile, or any of the acts prohibited by article 22 of the Constitution, and,
XIV .- When is pending before the courts any appeal or legal defense given by the complainant who may have the effect to modify, revoke or nullify the act in question
The subject of analysis in the injunction constitutes the act in question in relation to individual rights of the petitioner's defense, as they are regarding the unconstitutionality of laws, provided they are from the Congress, state legislatures or assembly of representatives, in the first case understand the federal laws and that that congress issue for the Federal District in connection with the matters reserved for it, regardless of the statute in question or other law differently. Also included are international treaties.
Exceptions to the principle of finality:
Under the direction of impact of the challenged act is not required if resource depletion ordinary acts claimed consist of deportation, exile or any of those prohibited by Article 22 of the Constitution or of the danger of life.
criminal case in the detention order, but if the action was brought to the shelter as appropriate will need to wait for the outcome or it disintieren
In civil matters, processes and work exhaustion is not required the ordinary appeal when the plaintiff was not lawfully called
In administrative matters in administrative matters if the appeal does not provide for suspension or expected to demand more requirements indicated in Article 124 of the Amparo Act.
If you claim a law.
When the act complained of violates the guarantees provided by Articles 16, 19 and 20 of the Constitution.
When the act complained of lack of foundation and motivation. Top
strict law provides that the judge must analyze only guarantees the act in question in light of the concepts of rape or grievances expressed by the complainant or the parties involved and making a decision in line with the approach that will make the matter question.
states that courts must hear the trial of collateral, to resolve them should only address the concepts of rape (grievances) raised in the application without power supply or acts officially claimed, and the very concepts of rape.
The basis of this principle is found in Article 76 of the Amparo Act.
Article 76 .- The judgments rendered in the amparo only deal with private individuals or legal entities, private or official they had requested, limited to relief and protection, if any, in the special case be seen on demand, without making a general statement about the law or act that is based.
origin of the protection principle
This principle which authorities are to be reported in the area of \u200b\u200bprotection, which are hierarchically:
Supreme Court of the Nation
Today consider that the protection as a means of control can be presented:
Local Competition: Meet the High Court of a State
Federal Competition: Meet the federal courts above
Crime Matters: Meet the International Court of Human Rights
Principle of substitution complaint of poor
consists of obligation of the constitutional control body not adhere to study and analyze the concepts of rape solely on demand content, but informally enforce any aspect of unconstitutionality in respect of acts warns claimed. It is based on Article 76 bis of the Law of Amparo.
be essential not to confuse the substitution of poor complaint with the error correction that wrong citation or invocation of individual security raped the complainant wish, without changing the facts in the lawsuit.
If the complaint is deficient, the Court of Amparo can or should improve the complaint or claim asserting that the concepts of rape victim not included.
Article 76 Bis .- The authorities are aware of the injunction should fill the gap of concepts of rape in demand, as well as the grievances raised in the resources that this law provides, as follows:
I. - In any matter, when the act in question is based on laws declared unconstitutional by the decisions of the Supreme Court.
II .- In criminal cases, the substitution will operate even in the absence of concepts of rape and inmate grievances.
III .- In respect of agriculture, as provided by section 227 of this Act
IV .- In labor, the substitution is applied only for the worker.
V. - On behalf of minors or incompetents.
VI .- In other matters, when it appeared that there had been against the particular plaintiff or appellant a flagrant violation of the law that has left defenseless. Conclusion
It is important that the principles of the injunction are the foundation on which rests this process as complex and diverse, which has no explanation to serve as a means of defense against acts governed authority of the ruler.
All principles are embodied in our Constitution where standards have been shaped and ruled that the president must also comply with the rights that each of the people of this country have (even foreigners). The constitution is the objectification rules of the popular will is the power to recognize no other power over them and as I established at the beginning of my work, the ruler's duty is to ensure that compliance with the requirements of it, that after However, it is the people's will become the norm, and therefore must be respected.
Thus, as emerges Amparo, to ensure compliance with the rules established by the Constitution and prevent abuses of authority, in its sovereign act.
0 comments:
Post a Comment