10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

esolve the appeal. The parties may only offer evidence when supervening events haveoccurred; there is also a stage for pleadings and a hearing. The appeal proceeding concludeswhen the parties are summoned to hear the decision.4.8. Amparo Proceedings344C H A P T E R X X I I4.8.1. GeneralThe amparo is a proceeding established in the Constitution whose purpose is to resolvedisputes arising from laws or acts of governmental authorities that violate the individualrights contained in the Constitution.Among the acts of authority against which the amparo can be filed are the final judgmentsand rulings that terminate a proceeding when a violation is committed during theproceeding or in the decision itself.The amparo proceeding against final judgments issued in civil or commercial mattersis processed before the collegiate courts and is always initiated by the aggrieved party.The judgment applies to private individuals and companies and is limited to coveringthem and protecting them in the specific case, without making any general declarationwith respect to the law or the act generating it. As a general rule, before acceding to theamparo proceeding all ordinary appeals provided for in the law applicable to the matterin question must be exhausted.The proceeding is initiated with an initial claim brief. Thereafter a term is given to theauthority to make its declarations in relation to the contested acts, evidence is offered,closing arguments are made and finally the final hearing is held, after which the judgmentis issued.4.8.2. Suspension of the contested actIn the amparo proceeding the suspension of the contested act can be ordered, the principalpurpose of which is to keep the subject matter of the amparo alive, preventing theact that is being contested from irreversibly being carried out before the amparo proceedinghas been definitively resolved.The suspension can be requested on the court’s own initiative or at the request of aparty and it is processed in a case file separately from the principal case file. The petitionfor suspension is presented on the court’s own initiative when delay is not possiblebecause not ordering the suspension could cause irreparable harm to the party. It isdecreed in the same case file in which the claim is admitted, either granting it or denyingit. It remains in effect until the proceeding is resolved.It is also possible for the party in question to request the suspension of the acts thatwould cause it irreparable harm, either in the initial claim brief or thereafter before theexecution of the contested act.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!