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Constitutional and amparo area

As of the constitutional reforms published on December 31st, 1994 and June 6, 2011 in the Official Federal Gazette, the jurisdictional procedural means that we have for the defense of the rights protected by our Federal Constitution and the International Treaties, are the following:

  • The Traditional Amparo Proceeding.
  • The extended Constitutional Controversy.
  • The Unconstitutionality Actions.

Our professional practice is not unfamiliar with those important legal topics, on the contrary, it is focused on the defense of the fundamental rights of the private entities –natural persons and entities – and to the non-invasion of spheres or competence among the different Organs of the Public Power, through an area specialized and strategically established in: a) Mexico City, since the maximum organ of the Judicial Power of the Federation is located therein; as well as b) a representation of the same in the City of Guadalajara, Jalisco, as the expression of regional firm that we are.

The Constitutional Law Area –as fundamental support of our firm-, is formed by litigating attorneys with studies and an extensive professional practice in the subject matter, centered especially in the attention and application of the constitutional procedural law in:

  • The Supreme Court of Justice of the Nation.
  • Circuit Collegiate Courts.
  • Unitary Circuit Courts.
  • District Courts in Civil, Administrative, Criminal, Employment Amparo.

With that specialization, operative structure and especially with the ampleness to the fundamental rights recognized for the person in the last constitutional reform, this legal firm offers its services focusing in the following means of defense:

Amparo proceeding

Through this extraordinary means of defense, established as the most powerful procedural instrument available for private entities in the Mexican Legal System, and due to the specialization of the law professionals in the fiscal-administrative environment, we have attained a notable practice and experience, wherein we responsibly participate in the Indirect Amparo Proceeding in all matters of law, that is:

  • Civil.
  • Commercial.
  • Criminal.
  • Administrative.
  • Environmental.
  • Stock Market.
  • Responsibility of Public Officers.

The specific purpose of this constitutional procedural means is to make the human rights real, effective and practical, established by the Constitution and by the International treaties of which Mexico is a party, seeking to protect the persons from the acts of all the authorities and, today including the acts of private entities, when they violate the human rights, without distinction of any rank.

Indicating that we have been one of the pioneer firms in participating and obtaining successful judgments in Federal courts deserves especial mention, the Constitutional reform of June 6, 2011 becomes relevant, applying the institution of “legitimate interest”, in comparison to the “legal interest”, which limited the access to the same and therefore to obtain favorable judgments for private entities.

With that previous experience we offer our professionalism and as defenders in this field of constitutional procedural law.

Constitutional controversy

For the experience in the handling of constitutional litigation, we are specialists in making valid the federal system and principles that support the same, this is through the Constitutional Controversy, instrument provided by sections II and III of article 105 of the Federal Constitution, and established as jurisdictional mechanism to avoid the invasion of spheres or competences among the different organs of the Public Power in its three instances.

We have been representatives –delegates- of the three instances of Government and of the different Organs of the Public Power: Federal, State and Municipal, as well as the Executive, Legislative and Judicial Power, in the same manner we have represented autonomous organisms, when these have a passive standing therein.

Unconstitutionality action

Our firm has acquired an extensive experience in unconstitutionality actions provided by sections I and II of article 105 of the Constitution.

The Unconstitutionality Action is a jurisdictional procedure processed before the Supreme Court of Justice of the Nation and is admissible when it is considered that a general norm, that is a law, international treaty, contradicts the Political Constitution of the United Mexican States, the latter being the supreme norm of the entire nation it should not be in conflict with any of them.

33% of the members of the following public organisms are authorized to file it: (i) House of Representatives of the Congress of the Union, (ii) Senate of the Congress of the Union; (iii) the state legislative powers; (iv) The Legislative Assembly of Distrito Federal; (v) in a direct manner the Attorney General of the Republic; (vi) the political parties with national or state registry; (vii) the National Commission of Human Rights and (viii) the organisms of protection of human rights of the states.

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