Constitutional Protection of Human Rights in Latin America Book contents
- Frontmatter
- Contents
- INTRODUCTION
- PART ONE THE CONSTITUTIONAL AND INTERNATIONAL DECLARATION OF HUMAN RIGHTS AND ITS JUDICIAL GUARANTIES
- PART TWO THE AMPARO AS A LATIN AMERICAN CONSTITUTIONAL AND INTERNATIONAL LAW INSTITUTION
- PART THREE THE INJURED PARTY AND THE CONSTITUTIONAL RIGHTS PROTECTED BY MEANS OF THE AMPARO PROCEEDING
- PART FOUR THE INJURY, THE INJURING PARTY AND THE INJURING ACTS OR OMISSIONS IN THE AMPARO PROCEEDING
- PART FIVE THE EXTRAORDINARY CHARACTER OF THE AMPARO PROCEEDING
- Chapter Seventeen The Question of the Admissibility of the Amparo Action and Its Relation with the Ordinary Judicial Means
- Chapter Eighteen The Main Principles of the Procedure in the Amparo Proceeding
- Chapter Nineteen The Configuration of the Main Phases of the Amparo Proceeding
- Chapter Twenty The Adjudication in the Amparo Proceeding and the Preliminary Protective Measures
- Chapter Twenty-One The Definitive Judicial Adjudication in the Amparo Suit
- Chapter Twenty-Two The Revision of the Amparo Decisions by the Constitutional Court or the Supreme Court
- CONCLUSION
- APPENDIX A List of Latin American Constitutions
- APPENDIX B List of Latin American Amparo Laws (Statutes)
- INDEX
Chapter Nineteen - The Configuration of the Main Phases of the Amparo Proceeding
Published online by Cambridge University Press: 08 August 2009
- Frontmatter
- Contents
- INTRODUCTION
- PART ONE THE CONSTITUTIONAL AND INTERNATIONAL DECLARATION OF HUMAN RIGHTS AND ITS JUDICIAL GUARANTIES
- PART TWO THE AMPARO AS A LATIN AMERICAN CONSTITUTIONAL AND INTERNATIONAL LAW INSTITUTION
- PART THREE THE INJURED PARTY AND THE CONSTITUTIONAL RIGHTS PROTECTED BY MEANS OF THE AMPARO PROCEEDING
- PART FOUR THE INJURY, THE INJURING PARTY AND THE INJURING ACTS OR OMISSIONS IN THE AMPARO PROCEEDING
- PART FIVE THE EXTRAORDINARY CHARACTER OF THE AMPARO PROCEEDING
- Chapter Seventeen The Question of the Admissibility of the Amparo Action and Its Relation with the Ordinary Judicial Means
- Chapter Eighteen The Main Principles of the Procedure in the Amparo Proceeding
- Chapter Nineteen The Configuration of the Main Phases of the Amparo Proceeding
- Chapter Twenty The Adjudication in the Amparo Proceeding and the Preliminary Protective Measures
- Chapter Twenty-One The Definitive Judicial Adjudication in the Amparo Suit
- Chapter Twenty-Two The Revision of the Amparo Decisions by the Constitutional Court or the Supreme Court
- CONCLUSION
- APPENDIX A List of Latin American Constitutions
- APPENDIX B List of Latin American Amparo Laws (Statutes)
- INDEX
Summary
The third aspect to be analyzed regarding the procedure in the amparo proceeding refers to the specific configuration of the main phases or steps of the proceeding, in particular, those related to the filing of the petition, the court decision on the admissibility of the action, the evidence activity, the defendant pleading, and the hearing of the case. Regarding all these phases, the Amparo Laws in Latin America provide some specific rules.
GENERAL PROVISIONS REGARDING THE FILING OF THE PETITION
The first specific trend to be highlighted regarding the judicial procedure of the amparo proceeding refers to the formalities of the petitions that are to be brought before the courts.
The general principle established in this matter in all the Latin American Amparo Laws, as is also the case regarding the injunctions in the United States, is that the petition must be filed in writing. Nonetheless, some exceptions have been established allowing the oral presentation of the amparo in cases of urgency as established in Venezuela, Colombia, Honduras and Peru; or in cases of danger to life, of deprivation of liberty without judicial process, of deportation or exile as it is established in Mexico; or in cases where the plaintiff lacks economic means, as it is provided in Guatemala. Nonetheless, in such cases of oral filing, the petitions must be subsequently ratified in writing.
- Type
- Chapter
- Information
- Constitutional Protection of Human Rights in Latin AmericaA Comparative Study of Amparo Proceedings, pp. 354 - 363Publisher: Cambridge University PressPrint publication year: 2008