The almost two centuries of Latin American constitutional tradition of inserting very extensive declarations on human rights in the constitutions, has proven that in order for human rights to be effectively protected, independently of such formal declarations, the most important and necessary tool is to have not only effective judicial remedies for the immediate protections of rights but an independent and autonomous Judiciary.

Due to the traditional inefficacy of the ordinary and extraordinary judicial remedies that in other countries have proven to be effective for the protection of rights, in Latin America, since the nineteenth century, the constitutions have incorporated express provision regarding the judicial guaranty of constitutional rights, establishing a specific judicial remedy for its protection, called the amparo action, recourse, suit or proceeding, having different procedural rules when compared with the general judicial remedies the legal systems provides for the protection of personal or property rights. As it has been analyzed, this constitutional feature is one of the most important of Latin America constitutional law, particularly when contrasted with the constitutional system of the United States or of the United Kingdom, where the protection of human rights is effectively carried on through the general judicial actions and equitable remedies, that are also used to protect any kind of personal or property rights or interests.

This amparo remedy has been a very effective mean for the protection of constitutional rights, particularly in democratic regimes where the Judiciary has been preserved as an independent branch of government.