Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-x5cpj Total loading time: 0 Render date: 2024-07-28T14:30:30.874Z Has data issue: false hasContentIssue false

PART FOUR - THE INJURY, THE INJURING PARTY AND THE INJURING ACTS OR OMISSIONS IN THE AMPARO PROCEEDING

Published online by Cambridge University Press:  08 August 2009

Allan R. Brewer-Carías
Affiliation:
Universidad Central de Venezuela
Get access

Summary

The injuries violating constitutional rights, against which the amparo action has been established in Latin America, can consist of harms or threats affecting those rights.

Harms are always damages affecting or destroying the object of the right; and threats are injuries that, without destroying such object, put the enjoyment of the right in a situation of danger or of suffering a decrease.

These injuries –harms or threats– caused to constitutional rights, in order to be protected by means of the amparo proceeding, must fulfill a series of conditions that are commonly established in the Amparo Laws, as conditions for the admissibility of the action.

In general terms, it is accepted that the injury –whether harms or threats– must be evident, actual and real, that is, it must affect personally and directly the rights of the plaintiff, in a manifestly arbitrary, illegal and illegitimate way, which the plaintiff must not have consented.

Yet in addition to these general conditions, specifically regarding harms, they must have a reparable character; and regarding threats, they must affect the rights in an imminent way. That is why the type of injuries inflicted on constitutional rights, conditions the purpose of the amparo proceeding: if harms, being reparable, the amparo has a restorative effect; and if threats, being imminent, the amparo has a preventive effect.

This section of the book is devoted to analyze, separately, all these general and specific conditions of the injuries, which are at the same time, conditions of admissibility of the amparo action.

Type
Chapter
Information
Constitutional Protection of Human Rights in Latin America
A Comparative Study of Amparo Proceedings
, pp. 259 - 260
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×