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

Chapter Thirteen - The Reparable Character of the Harms and the Restorative Character of the Amparo Proceeding

Summary

As mentioned, the injury inflicted upon constitutional rights in order to the filing of an amparo action, can be the result of harms or threats, which must fulfill the general conditions aforementioned.

In addition, two other conditions must fulfill the injury, depending on being harms or threats. If it is a harm inflicted on the persons' rights, it has to be a reparable one, the amparo proceeding seeking to restore the enjoyment of the right, having a restorative character; but if the injury is a threat caused upon the right, it must be imminent, the amparo tending to prevent or impede the violation to occur, having a preventive character.

THE RESTORATIVE CHARACTER OF THE AMPARO AGAINST HARMS

In effect, in case of harms, the amparo proceeding seeks to restore the enjoyment of the plaintiff's injured right, reestablishing the situation existing when the right was harmed, by eliminating or suspending, if necessary, the detrimental act or fact.

In this regard, the amparo action also has similarities with the reparative injunctions in the United States, which seeks to eliminate the effects of a past wrong or to compel the defendant to engage in a course of action that seeks to correct those effects.

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