1E9Ct5D

306C H A P T E R X V I I IIn the initial brief or thereafter the suspension of the execution of the challenged actmay be requested, provided a sufficient guarantee is granted to cover any damages andlosses that may be caused to the other party or a third party.Once the claim is admitted the defendant is notified and is granted 45 business daysto respond. In the event the answer is not filed within such time period, the facts allegedin the claim will be presumed true.In relation to the evidence, any type of evidence is admissible except the testimony ofauthorities through response to interrogatories. Although the time periods established inthe procedural rules suggest the possibility of obtaining a ruling in a relatively short periodof time, due to its accumulated work load, proceedings filed before the TFJFA may takeone to three years to resolve depending on their complexity.The final decision may determine the following with respect to the challenged ruling:(i) recognize its validity, (ii) declare its annulment, (iii) declare its annulment for certaineffects, clearly specifying the manner and terms in which the authority must complywith it, or (iv) declare the existence of a subjective right and order compliance withan obligation.When the decision obligates the authority to carry out a particular act or initiate a proceeding,such must be done within four months from when the decision becomes firm.While in practice not all decisions are complied within such time period, the percentageof matters in which the administrative authorities voluntarily comply is very high.The rulings of the regional chambers or of the TFJFA that declare or deny dismissal andnonsuit and definitive decisions may be challenged by filing the motion for reviewbefore the competent Collegiate Circuit Court (Tribunal Colegiado de Circuito) in the seatof the respective regional Chamber, through a brief filed within 15 days from the dateon which the notice takes effect. Finally, it should be mentioned that the Mexican Constitutionalso provides for local jurisdiction over administrative law actions regardingdisputes arising between the state public administration and private parties, which in theFederal District are carried out by the Federal District Administrative Law Court.3.2. Indirect Amparo ProceedingIn addition to the administrative review and the administrative law action, Mexican lawprovides for the constitutional control of all acts of authority and administrative courtsthrough the amparo proceeding (juicio de amparo). In this proceeding the acts and decisionsof other bodies and courts are analyzed from the perspective of possible violations of therights contained in the Constitution. It is the final control of legality and constitutionality.Under the Mexican legal system the principle of legality has been interpreted by thecourts to permit the last instance review through the amparo proceeding of almost allacts of authority, whether federal, local or municipal.