Amparo (law)
The Amparo - German protection, care, defense - is a constitutional remedy in Latin American states.
History and meaning
The “judicio de amparo” is probably the only autochthonous legal creation in Latin America . It is a type of action borrowed from the habeas corpus , which is usually submitted directly to the respective Supreme Court (the Supreme Court usually also has the function of a constitutional court). Through an accelerated procedure, the Amparo process provides effective protection against state violations of fundamental rights . In Mexico , the Amparo has developed into the “legal national sanctuary” over a century of legal history. In the 20th century it gradually found its way into the constitution of almost every other country in Latin America. After Juan Perón was overthrown in 1955, Argentina did not join the circle of Amparo-Epigones until 1957 "as the youngest member of the circle of Amparo-Epigones". As a sign of a newly awakened legal awareness, the Amparo was picked up and shaped by the lower courts and law teachers. It was completed in 1967 with the federal codification .
The amparo action is only admissible "if there is no other legal remedy or if the injured party were to be referred to another legal remedy, serious and irreparable disadvantages would result". Imponderables are (as elsewhere) vague supreme court decisions that give the lower courts wide leeway for subjective decisions, an overly summary trial, unfair litigation practices and pressure from public opinion .
See also
literature
- Hans Christoph von Rohr : The Argentine Amparo process . Ludwig-Röhrscheid-Verlag, Bonn 1969.
Web links
- Juicio de amparo (Spanish WP)