The amparo protects the constitutional rights of the citizen, and of the one who knows and rules or a court.
As a resource, the amparo is an added procedural guarantee for the citizen.
Although any judicial body has the obligation to enforce the legislation, when the ordinary judicial process has been completed and the citizen considers that his fundamental rights have been violated, he may file an appeal for protection before the competent judicial body.
Likewise seeking to strengthen the powers of the supreme court of justice of the notion in the priority attention of the matters that concern it, as well as the granting of more expeditious powers for the integration of jurisprudence and the resolution of contradiction of criteria, which will pay to greater legal certainty in the decisions of the highest court.
The reform expands the sphere of protection of the amparo trial, since it proceeds against general rules, acts or omissions of the authority that violate human rights and guarantees provided for in the Constitution and in international treaties ratified by Mexico. That some syntheses of this law are broken down below.
The figure of amparo by omission is created, which implies that the governed will be able to promote amparo judgment not only in cases where the authority violates their human rights, but also when the violation is the product of an omission, a lack of action, a violation passive of the authorities.
The Federal Judicial Council is empowered to establish Circuit Plenaries, which will resolve the thesis contradictions that are generated within the same circuit.
It is established that the jurisprudence in which the unconstitutionality of a general rule is determined, except in tax matters, will have general effects; for which the Supreme Court of Justice of the Nation will notify the issuing legislative authority and after 90 days have passed without the problem of unconstitutionality, the Court, by a majority of at least 8 votes, will issue the general declaration of unconstitutionality.
The legal interest that was required to present the amparo judgment changes, specifying that the person who claims to be the holder of a right or of a legitimate, individual or collective interest will have the character of an aggrieved person.
The dismissal due to procedural inactivity and the expiration of the instance are eliminated.
It establishes an applicable sanctions scheme when an authority does not comply with the judgment of an amparo trial.
It specifies that the party that has obtained a favorable judgment and has a legal interest in its subsistence, may present an amparo in an adhesive form to the one promoted by its counterpart in the judgment from which it arises.
In the direct protection the Collegiate Court must decide regarding all the procedural violations asserted and that it warns ex officio; and, will set the terms in which the new resolution must be issued.
It is required to be unilateral and imperative, regardless of the formal nature of the person who issued it, it is sufficient that its function is assimilable to a public function.
Establishes the possibility of processing the amparo trial electronically.
Various organic laws are reformed to empower the Federal Executive and the Presidents of the Houses of Deputies and Senators to request the Supreme Court of Justice of the Nation to give priority attention to matters when they justify the urgency.
It is considered that they continue to harm the social interest or contravene provisions of public order, in the case of procedures relating to the intervention, revocation, liquidation or bankruptcy of financial entities and concessions of assets in the direct public domain of the Nation.
Based on the modifications of this law, it seeks to streamline and modernize the protection of our time, since really expanding the vision to current times can be very successful, through the general declaration of unconstitutionality, as well as continuing to be the main instrument of defense of rights that people have to protect themselves from acts of the authorities.
