Some time later, Mariano Otero was commissioned to collaborate in the incorporation of this process into the Federal Constitution of 1857, where it was regulated by a regulation called the Constitutional Organic Law on the Amparo Trial, which corresponds to what we know today as the Amparo Law. Although it is considered by some to be a “remedy”, the truth is that amparo does not serve as a second instance within a procedure, as it has specific rules and deals with a new process arising from an act of authority and focused exclusively on examining questions of constitutionality of the law claimed. The Mexican amparo trial appeared to be a means of protecting the fundamental rights of every citizen, contained in a written constitution, namely: freedom, security, property and equality. Currently, it has become the most commonly used legal instrument by Mexicans to redress any violation of their fundamental rights, making the judiciary of the Federation one of the most important institutions of the nation. [2] Judicial review of the constitution was established in Yucatán in 1841 by the so-called Amparo Trial. In this order, the draft prepared by Manuel Crescencio Rejón – considered the father of the Amparo experiment – is included, in which it is stated verbatim in Article 53: [2] “The Amparo experiment, retaining wall for the 4T?” Note by Dr. Carlos de Jesús Becerril Hernández. October 2019. Consequently, the amparo process can be considered as the main defence against acts of authority that do not comply with the provisions of the constitutional text and international treaties to which the Mexican State has acceded. At the same time, those responsible for resolving the issues raised in the Amparo case and the legal remedies provided by law (Supreme Court of the Nation, mobile collegiate courts, unitary circuit courts and district courts) play a very important role in this system of defence against unconstitutional authoritarian acts. since the officials assigned to these bodies must act in accordance with the Code of Ethics of the Judicial Authority of the Federation and must dispense justice promptly and expeditiously, dealing impartially with the issues raised in all cases, as this is the only way to respect the essence of the safeguards procedure.
The amparo process is a means of control whose purpose is for the body responsible for its study to control the elements of strict constitutionality and to qualify the act or omission of the competent authority by confirming or annulling the restoration of the rights concerned in accordance with compliance with the law with the constitutional text. [1] Constitution of Yucatán of 1941. Section 53. It should be noted that the mere lodging of the complaint does not guarantee the restitution of the rights infringed, since article 108 of the Amparo Act lays down the conditions for the submission of the initial procedural document for its processing. In addition, depending on the case, the suspension of the alleged act or the replacement of the complaint may be requested. 1st edition. In order to protect those who seek to protect themselves against the orders of the governor or the assembled executive if they have violated the Basic Law or the laws, they limit themselves in both cases to repairing the complaint in the relevant part. [1].