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O Que E Um Amparo Legal

Normally, the application for amparo has resulted in the holder of the claim being the same as the holder of the right that has been violated, but sometimes the constitutional judge can give legitimacy to other subjects in an extraordinary way. 1. Broad legitimation. In Colombia, any natural or legal person whose fundamental rights have been violated (even a minor or foreigner) may bring an action for guardianship directly or through a judicial representative. Indigenous communities, the mediator, community representatives and, in some cases, amici curiae are also legitimate agents of those who cannot promote their own defence. In Peru, because of the flexibility of the remedy of amparo, not only injured parties but also third parties (physical or artificial, Peruvian or foreign) are legitimized, especially in the case of diffuse rights. In Argentina, amparo is a bilateral process between the State and individuals, with the active legitimacy of each person holding the violated right, the mediator (for collective or individual rights) and the legislators (who give credence to the concrete infringement of a right). There is also the figure of the amici curiae. 2. Limited legitimation. In Brazil, the action can be brought by natural persons (domestic or foreign) and legal / artificial persons (public or private) for the defense of certain constitutional rights (does not apply to diffuse rights).

The 1988 Constitution recognizes the legitimacy of the political parties represented in the National Congress, trade union organizations and the Public Prosecutor`s Office. Amparo has also been enshrined in Latin American legal systems. It is now an extraordinary remedy in Bolivia, Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Brazil and Argentina. Amparo and habeas are privileges introduced in the Philippines to supplement the ineffectiveness of habeas corpus (Article 102 of the Revised Regulations). Amparo means protection, while habeas data is access to information. Both trials sought to highlight the many extrajudicial executions and enforced disappearances that have occurred in the Philippines since 1999. [14] In Colombia, the 1991 constitution introduced a system called Acción de tutela (Guardianship Action). The legal procedure is similar to the Amparo law, but modified to be applied in case of immediate risk to any person within the Colombian population. According to the Constitutional Court (judgment T-451 of 10. July 1992), it may be decided on a case-by-case basis whether a right is to be considered fundamental or not; This means that the Constitution recognizes that it is not possible to determine which fundamental rights are corresponding, so they cannot include only those implicitly addressed in Chapter I, Title II, of the 1991 Constitution.

The development and metamorphosis of amparo has been observed for various reasons: “(1) amparo de libertad for the protection of personal liberty, equivalent to habeas corpus brief; 2. Amparo contra leyes for judicial review of the constitutionality of laws; 3. Amparo-Casación for judicial review of the constitutionality and legality of a judicial decision; (4) Amparo administrativo for judicial review of administrative acts; and (5) amparo agrario ejidal o comunal for the protection of peasants` rights arising from the agrarian reform process. [10] Mexican amparo has inspired many and served as a model in other dishes. In the Philippines, Chief Justice Reynato Puno noted that the amparo model was borrowed from Mexico: the amparo order is a Mexican legal procedure for the protection of human rights. [3] Amparo literally means “protection” in Spanish. [4] Tocqueville`s Democracy in America was published in Mexico in 1837, and its description of the practice of judicial review in the United States pleased many Mexican jurists. [5] Mexican Judge Manuel Crescencio Rejón drafted a constitutional provision for his home state, Yucatán (which threatened Mexico`s independence) that allowed jurists to protect all persons in the exercise of their constitutional and legal rights. This was incorporated into the national constitution in 1847.

[6] [7] Great scripture spread throughout the Western Hemisphere and slowly developed into various forums. Amparo has become, in the words of a Mexican federal judge, Mexico`s “task of handing over to the legal heritage of the world the institution that conceived its own painful history as a shield of human dignity.” [8] [9] 3. Each State Party undertakes: (a) To ensure that any person whose rights or freedoms recognized in the present document have been violated has an effective remedy, even if the violation has been committed by persons acting in an official capacity; (b) Ensure that any person who exercises such a remedy is established by the competent judicial, administrative or legislative authorities or by any other competent authority provided for in the legal system of the State, and to develop the possibilities of judicial remedy; (c) ensure that the competent authorities apply those corrective measures when they are granted. LEY DE AMPARO, Article 1. The amparo ends with constitutional and legal norms and leaves to the judge the formalistic work of their application. However, amparo is also understood as a means of realizing these laws through legal reasoning, which can establish procedural rules, through procedural autonomy that the judge creatively develops. It is case law that has systematized the fundamental rights of the Office for the Protection of the Constitution; Thus, the fundamental rights recognized by the amparo regulations are not only constitutional, but also international, legal and even jurisprudential.

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