The juicio de amparo (amparo trial) is the most emblematic legal instrument in Mexico’s judicial system. Since the mid‑19th century, it has served as a shield against abuses of public power and as the main guarantee for the protection of human rights.More than a procedure, amparo expresses the constitutional idea that no one is above the law—not even the government itself.
In this article, we explain how the amparo works, its history, process stages, types, and how you can use it to defend your rights.
History of the amparo trial
The amparo trial has deep roots in Mexican history. Its origin dates back to the Constitution of Yucatán of 1841 and was formally established in the Constitution of 1857, under the vision of Manuel Crescencio Rejón and Mariano Otero, who designed a mechanism to limit acts of authority and shield individuals from the power of the State.
Its formal inclusion in Articles 103 and 107 of the Political Constitution of the United Mexican States marked a historic turning point. Since then, amparo has evolved to embody the defense of human rights, in alignment with international treaties such as the American Convention on Human Rights.
Legal foundations of the amparo
Article 103 of the Constitution grants federal courts jurisdiction to decide any controversy arising from general rules, acts, or omissions by authorities that violate constitutional or internationally recognized human rights.
Article 107 regulates the procedure, types of amparo, and effects of court rulings. These articles are implemented by the Ley de Amparo (Amparo Law), which defines requirements, deadlines, exceptions, and procedural principles.
In simple terms, the amparo trial grants every individual an “effective remedy” against errors, abuses, or excesses of governmental power.
Types of amparo and when to use them
1.Indirect amparo:Filed before a District Court, it protects against acts of authority that directly violate your fundamental rights, even before a final ruling.Example: Arbitrary seizure of property without a judicial order.
2.Direct amparo:Filed before a Circuit Collegiate Court, usually challenges final judgments that violate human rights.Example: An unfair job termination where the labor tribunal ruled against the worker.
3.Collective amparo:Allows groups of people to join together to challenge a governmental act affecting an entire community or sector.
Example: Indigenous groups filing a collective amparo to stop construction of a project harming their environment.
The collective amparo reflects Mexico’s social evolution and the role of law in defending community interests such as environmental and labor rights.
How to file an amparo step by step
1.Case evaluation and legal foundation:Your lawyer analyzes whether there is an act of authority that violates your constitutional or human rights.
2.Formal filing of the amparo petition:The application is submitted to the competent court within 15 working days (except in detention or freedom‑related cases, which can be filed immediately).
3.Suspension of the challenged act:Requesting this precautionary measure is essential. It stops any harmful action until the court decides the case.For example, in a housing‑eviction amparo, this suspension would prevent eviction until a ruling is issued.
4.Judicial review:The judge examines evidence, hears both parties, and determines the ruling based on the Amparo Law and the Supreme Court of Justice of the Nation (SCJN) jurisprudence.
5.Judgment and effects:If granted, the authority must revoke or modify its act. If denied, the ruling may still be appealed to higher judicial bodies.
Differences between amparo and other legal remedies
- Nullity trial: Focuses on administrative acts with formal errors; amparo focuses on violations of constitutional rights.
- Appeal or review: Only applies within an existing procedure.
- Amparo: Covers deeper and broader constitutional violations, both judicial and administrative.
The amparo trial is a constitutional safeguard—it not only corrects legal errors but enforces fundamental rights.
Practical case examples
- Amparo against eviction:
2.Collective amparo to protect the environment:Communities in Oaxaca successfully halted the construction of a dam threatening their lands. Through collective amparo, their right to a healthy environment was upheld.
3.Amparo for unjustified dismissal:In 2022, a federal public servant regained his job after winning a direct amparo proving due process was violated.
Cases of exclusion and limitations
Amparo does not apply in the following situations:
- Acts between private parties (unless they violate human rights as authority‑like actions).
- Legislative acts within Congress.
- Electoral decisions by INE or electoral tribunals.
Consequences of an amparo judgment
A granted amparo ruling has clear effects:
- Restores the petitioner’s constitutional rights.
- Forces the authority to reverse or modify its act.
- In collective cases, can trigger structural reforms altering public policies or legislation.
Through amparo, protection of rights extends beyond individuals, reinforcing Mexico’s rule of law.
Social and statistical impact
According to Mexico’s Federal Judiciary Council, over 250,000 amparo cases are filed each year.Roughly 40 % result in total or partial favorable rulings, proving that amparo remains the country’s most effective legal defense tool.
Recommendations for choosing an amparo lawyer
- Verify proven experience in constitutional and procedural law.
- Ask about knowledge of updated SCJN jurisprudence.
- Request a free preliminary evaluation to determine case feasibility.
- Ensure they explain how to request a suspension of the challenged act.
At AbogadoMex, our constitutional lawyers guide you throughout the entire process, defending your rights with transparency and real results.