17. What is an Amparo?

In brief terms, an amparo is a constitutional injunction proceeding that can supersede any other type of proceeding or resolution. An action for amparo can be filed whenever a fundamental human right provided under our Federal Constitution is allegedly infringed by any government agency, including courts in general.

This is not a legal remedy within a certain civil, criminal or commercial case but instead; it's a totally different and independent proceeding. Acts that give rise to an amparo action and proceedings are numerous, ranging from arrest warrants to final resolutions in civil and commercial cases, but these proceedings and cases are very technical in nature and thus, few amparo awards are granted. Only in those cases where there is clear and overpowering evidence that there was an infringement of fundamental rights will a district court grant an amparo award. This denial however, doesn't stop the delay that such amparo proceedings bring along, although they tend to be faster and more efficient each day.

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