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  • Print publication year: 2008
  • Online publication date: August 2009

Chapter Twenty-One - The Definitive Judicial Adjudication in the Amparo Suit

Summary

THE GENERAL CONDITIONS OF THE DECISION

Regarding the definitive judicial decisions in the amparo proceedings, their purpose for the injured party (the plaintiff) is to obtain the requested judicial protection (amparo, tutela, protección) of his constitutional rights when illegitimately harmed or threatened by an injuring party (the defendant).

Consequently, the final result of the process, characterized by its bilateral nature that imposes the need for the defendants to have the right to participate and to be heard, is a formal judicial decision or order issued by the court for the protection of the threatened rights or to restore the enjoyment of the harmed one, which can consist, for instance, in a decision commanding or preventing an action, or commanding someone to do, not to do or to undo some action. This is to say, the amparo, as the injunction, is a writ framed according to the circumstances of the case commanding an act that the court regards as essential in justice, or restraining an act that it deems contrary to equity and good conscience.

Consequently, the function of the amparo court's decision is, on the one hand, to prevent the defendant from inflicting further injury on the plaintiff, that can be of a prohibitory or mandatory character; or on the other hand, to correct the present by undoing the effects of a past wrong.

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