1

Virtual University of the State of Guanajuato

Module: Amparo Trial I

Name of the challenge: Challenge 3 Control of

constitutionality, legality and amparo trial

Bachelor's degree: Law

Advisor: Sophia Pérez Fuentes

Wednesday of December 2021

INDEX
No table of contents entries found.5.
References…………………………………………………………………………7.
 2

1. Introduction

The objective of this work is to achieve knowledge about the basic terminology
and the background in the amparo trial through the historical context of its
emergence, as well as in the legal and regulatory framework, the constitutionality
and legality control systems will also be addressed. , as well as the direct and
indirect protection trial based on the regulatory legal framework.

The topics that will be addressed will be the means of constitutional control
established by the Political Constitution of the United States, bases established by
article 107 of the Political Constitution of the United Mexican States that must be
followed regarding the controversies indicated in article 103 of the same order, the
causes of origin of the two types of amparo proceedings, of the unconstitutionality
action and of the constitutional controversy, with a difference between the various
constitutionality controls, regarding their origin, the adhesive protection, the
amparo action and which These are your requirements that it must contain.

2. Development

2.1 The means of constitutional control established by the Political

Constitution of the United States
 3

The means of constitutional control established by the CPEUM are important,

since the means of constitutional control in the Mexican state develop, among
other aspects, the entities legitimized to promote them, the effects of the sentences
and the competent bodies for their processing, the means of constitutional control.
refer to the legal mechanisms by which the preservation of constitutional regularity
is guaranteed, it translates simply into the means of defending it through the
safeguarding of general norms and acts of authority as the vertex of the democratic
state. In Mexico, the legal system provides for seven means of constitutional
control that are characterized according to the authority before which the resources
are processed for the origin of their exercise, the subjects legitimized to operate
the means of control and their effects are classified by the nature of the body that
exercises them in means of control of a jurisdictional nature and means of a non-
jurisdictional nature the constitutional control that is contemplated in our federal
constitution of which contemplates the amparo trial the constitutional controversies
the action of unconstitutionality the power of the supreme court of justice of the
nation, jurisdictional processes in electoral matters, the protection of human rights
and impeachment are nothing more than a means of defense contemplated by the
constitution that have the purpose of redeeming general grievances against
individuals that are committed to the detriment of the constitution or good of the
governed. ( Ferrer, 2018) (Peter , 2003)

2.2 That article 107 of the CPEUM establishes that they must be followed with
respect to the disputes indicated in article 103 of the same system

The controversies referred to in article 103 of this Constitution, with the exception
of those in electoral matters, will be subject to the procedures determined by the
regulatory law, in accordance with the following bases: the amparo trial will always
be followed at the request of the aggrieved party. , having such character who
claims to be the holder of a right or a legitimate individual or collective interest,
provided that he or she alleges that the claimed act violates the rights recognized
by this Constitution and thereby affects his or her legal sphere, either directly or in
virtue of its special situation vis-à-vis the legal order. (Gobierno de México, 2016)

The sentences pronounced in the amparo trials will only deal with the
complainants who have requested it, limiting themselves to protecting and
protecting them, if appropriate, in the special case on which the claim is concerned,
When the organs of the Judicial Branch of the Federation establish jurisprudence
by reiteration in which the unconstitutionality of a general rule is determined, the
Supreme Court of Justice of the Nation will notify the issuing authority. Once the
period of 90 calendar days has elapsed without the problem of unconstitutionality
being overcome, the Supreme Court of Justice of the Nation will issue, provided it
is approved by a majority of at least eight votes, the general declaration of
 4

unconstitutionality, in which the its scope and conditions in the terms of the
regulatory law. (Gobierno de México, 2016)

2.3 Grounds for the two types of amparo proceedings, the unconstitutionality
action and the constitutional controversy.

Unconstitutionality Actions such as Constitutional Controversies are a means of

controlling constitutional regularity; Also, they are processed before the Supreme
Court of Justice of the Nation in order for the Plenary to resolve on the probable
contradiction of a general norm or an International Treaty and the Political
Constitution of the United Mexican States, unlike Constitutional Controversies, they
allude to the abstract control of constitutionality, which means that to promote them
it is not necessary that there be a specific grievance, this means is filed against
newly created regulations and the deadline for its filing is 30 days following the
publication of the general rule or the International Treaty that is being challenged, if
the last day of the period is not a business day in accordance with the Organic Law
of the Judicial Branch of the Federation, the claim may be presented on the first
following business day, the procedure for filing Unconstitutionality actions is similar
to that of Constitutional Controversies, except that the actions may concern
electoral laws. (Cajiga Calderón, 2013)

The constitutional controversy is a means of control of constitutional regularity

that is known to the plenary session of the supreme court of justice of the nation.
Its objective is to resolve jurisdictional conflicts that arise between federal powers
and bodies and represents the first means of constitutional control before even to
the amparo trial. (Cajiga Calderón, 2013)

2.4 Difference between the various constitutionality controls, regarding their

origin

When an authority performs an act or issues a general provision and thereby

exercises functions that correspond to another power of government, it commits a
violation of the system of distribution of powers provided for by the political
constitution of the United Mexican States, which can be challenged through a
constitutional controversy, in addition through constitutional controversies the
supreme court of justice of the nation can carry out the examination of all types of
federal constitutional violations by virtue of the various means of control of
constitutional regularity referred to the orders Federal and local legal systems,
municipal and federal, among which are constitutional controversies, have a
primary purpose of strengthening federalism and guaranteeing the supremacy of
the Constitution by virtue of which the actions of the authorities must adhere to said
constitutional order. (Torres Cofiño , 2017)
 5

It should be noted that the judicial branch of the federation is not empowered to
initiate them as a party. Likewise, it is not possible to initiate constitutional
controversies against the judicial branch of the federation and the bodies that
comprise it, since when resolving matters subject to their jurisdiction these They do
not exercise ordinary powers of a sphere of government but rather extraordinary
powers of constitutional control. (Torres Cofiño , 2017)

2.5 Adhesive protection

The adhesive protection is thus presented as an extraordinary legal means of

defense that is granted to the party that obtained what it requested in the original
trial, but affected by formal irregularities that had not transcended the result of the
ruling, to improve or correct the arguments. or reasoning that strengthens not only
the considerations that benefited it with the meaning of the sentence, but also to
express new grievances tending to challenge the considerations that cause harm.
(Senado de la Republica , 2007)

2.6 Amparo action and its requirements that it must contain

According to Burgoa, the amparo action is that subjective public right that aims to
claim the jurisdictional public service; that is, the actions of the jurisdictional bodies.
Said action belongs to a category of people in whom certain circumstances or
modalities occur (2001, p. 320). The requirements that the Amparo action must
meet are: 1.- Complainant, 2.-responsible authority, 3.-Act claimed, 4.-Authority
that will resolve the trial according to its jurisdiction, 5.-Constitutional precepts
violated, 6.-Protection of Federal justice. (Fuentes Valle, Octubre )

3. Screenshots

3.1 Screenshot of feedback made in the Forum

 6

4. Conclusion

I consider that as future lawyers it is of utmost importance to know the importance

of the control of constitutionality, legality and the amparo trial in the Mexican State,
we can mention that the constitutional protection of the trial is a judicial means of
control of the constitution, its main objective is protecting the governed from acts of
authority or laws that affect their personal protection, that is, it is defending the
basic rights of certain people from violations of power.

Constitutional disputes are regular control procedures. The constitutional law is

proposed in the form of a trial by the Supreme Court of the country, the parties,
either as actors, defendants or interested third parties, can be: federal, state,
federal district or municipality, agency federal administrative; Federal Congress or
any of its chamber or permanent committees, state powers or government
agencies of the federal district, that propose general norms or specific bills that
may be unconstitutional and require their invalidity, alleging that such norms or
behaviors do not conform to the provisions constitutional.

5. References

Ferrer, E. (5 de Febrero de 2018). Enciclopedia Jurídica Online. Obtenido de Tipos de Juicios de

Amparo: https://mexico.leyderecho.org/tipos-de-juicios-de-amparo/
 7

Cajiga Calderón, J. (5 de Marzo de 2013). CÁMARA DE DIPUTADOS DEL H. CONGRESO DE LA

UNIÓN . Obtenido de “VENTAJAS Y DESVENTAJAS DE LOS INSTRUMENTO DE CONTROL
CONSTITUCIONAL” : file:///C:/Users/Hp/AppData/Local/Temp/CRV-VI-11-13.pdf

Carbonell, M. (18 de Agosto de 2020). 22 Casos Practicos sobre el Juicio de Amparo . Obtenido de
Centro de Estudios Juridicos Carbonell: https://miguelcarbonell.me/2020/08/18/22-casos-
practicos-sobre-el-juicio-de-amparo/

Fuentes Valle, L. M. (2021 de 4 de Octubre ). Unidad 2 La jurisprudencia, los sistemas de control

constitucional y la competencia para conocer del juicio de amparo. Obtenido de Lección 6.
Las herramientas de control constitucional:
https://avalicmod19c.uveg.edu.mx/course/view.php?id=240&mainsection=3&chall=7

Gobierno de México. (29 de Enero de 2016). CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS
MEXICANOS . Obtenido de Artiuclo 107 Capítulo IV Del Poder Judicial :
file:///C:/Users/Hp/AppData/Local/Temp/1_280521-1.pdf

Larrea Maccise, R. (16 de Julio de 2013). Nexos El juego de la Suprema Corte. Obtenido de ¿Qué es
una acción de inconstitucionalidad?: https://eljuegodelacorte.nexos.com.mx/que-es-una-
accion-de-inconstitucionalidad/

Peter , H. (2003). El estado constitucional . Mexico: Instituto de Investigaciones Jurídicas - UNAM .

Senado de la Republica . (18 de Octubre de 2007). COMISIÓN DE JUSTICIA COMISIÓN DE ESTUDIOS

LEGISLATIVOS, PRIMERA. Obtenido de Gaceta: LX/2PPO-138/14309:
https://www.senado.gob.mx/64/gaceta_del_senado/documento/14309

Silos Rodríguez, J. S. (13 de Febrero de 2019). Hechos y Derechos . Obtenido de Medios de control
constitucional: https://revistas.juridicas.unam.mx/index.php/hechos-y-derechos/article/
view/13194/14672

Torres Cofiño , M. (15 de Junio de 2017). Centro de Estudios Sociales y de Opinión Pública.
Obtenido de EL CONTROL DE CONSTITUCIONALIDAD:
file:///C:/Users/Hp/AppData/Local/Temp/CESOP-IL-72-14-Constitucionalidad-20170629.
(1).pdf

p. 7
8