Exception to the Principle of Finality in the Indirect Amparo Trial: Evaluation of the Unconstitutionality of a General Norm Applied in the Challenged Act

In recent days, the Seventh Collegiate Court in Civil Matters of the First Circuit determined that when the unconstitutionality of the general rule applied in the challenged act is asserted and there is no manifest and unquestionable existence of a different ground of inadmissibility than the one raised in the dismissal of the indirect amparo lawsuit, an exception to the principle of definitiveness operates and, therefore, it must be admitted for processing.

In this sense, the magistrates pointed out that, when the unconstitutionality of a legal precept is asserted because of its first act of application in the challenged resolution, the exception to the principle of definitiveness established in article 61, section XIV, third paragraph, of the Amparo Law, for the proceeding of the trial, is complied with.

This is due to the fact that it is optional for the interested party to challenge the general rule through this or to file the appropriate ordinary appeal.

Additionally, they pointed out that the analysis of the nature of the challenged norm, or its interpretation and/or constitutionality, implies an exhaustive and detailed study that is not proper of the initial agreement since it is not the ideal moment to do so. In this sense, the criterion contained in the jurisprudence thesis 2a./J. 71/2000, of the Second Chamber of the Supreme Court of Justice of the Nation, under the heading: “LAWS, AMPARO CONTRA. RULES FOR ITS STUDY WHEN IT IS PURSUED ON THE GROUNDS OF AN ACT OF APPLICATION”, which determines that the District Judge must not disassociate the study of the challenged provision from that which concerns its act of application.

That is, if it constitutes the first one that concretizes to the detriment of the plaintiff the disputed legal hypothesis and if concerning a different cause of inadmissibility is not present, because if so, the trial will be dismissed concerning the act of application and the challenged norm.

As a result of the above, the administrative team of Vega, Guerrero & Asociados is ready to advise companies that require information on this subject.


También puede disfrutar