Recurso de amparo
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In most legal systems of the Spanish-speaking world, the writ of amparo (also called recurso de amparo or juicio de amparo) is a remedy for the protection of constitutional rights, found in certain jurisdictions.[1] The amparo remedy or action is an effective and inexpensive instrument for the protection of individual rights.[2]

Amparo, generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and their basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the tutela available in Colombia, the writ of security (Mandado de Segurança) in Brazil and the constitutional complaint (Verfassungsbeschwerde) procedure found in Germany.

In many countries, an amparo action is intended to protect all rights that are not protected specifically by the constitution or by a special law with constitutional rank, such as the right to physical liberty, which may be protected instead by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, and the "habeas data" protects the right of maintaining the integrity of one's personal information, the amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights, implicitly or explicitly protected by the constitution, another law (or by applicable international treaties), is being violated.


Origins in Mexico

The Mexican amparo has inspired many and served as a model in other judicatures. In the Philippines, Chief Justice Reynato Puno noted that the model for amparo used there was borrowed from Mexico: the writ of amparo is a Mexican legal procedure to protect human rights.[3] Of Mexican origin, thus, "Amparo" literally means "protection" in Spanish.[4] De Tocqueville’s Democracy in America had been available in Mexico in 1837, and its description of judicial review practice in the U.S. appealed to many Mexican jurists.[5] Mexican justice Manuel Crescencio Rejón, drafted a constitutional provision for his native state, Yucatán (threatening independence from Mexico), which empowered jurists to protect all persons in the enjoyment of their constitutional and legal rights. This was incorporated in 1847 into the national constitution.[6][7] The great writ proliferated in the Western Hemisphere, slowly evolving into various fora. Amparo became, in the words of a Mexican Federal Supreme Court Justice, Mexico’s “task of conveying to the world’s legal heritage that institution which, as a shield of human dignity, her own painful history conceived.”[8][9]

Amparo's evolution and metamorphosis had been witnessed, for several purposes: "(1) amparo de libertad for the protection of personal freedom, equivalent to the habeas corpus writ; (2) amparo contra leyes for the judicial review of the constitutionality of statutes; (3) amparo-casación for the judicial review of the constitutionality and legality of a judicial decision; (4) amparo administrativo for the judicial review of administrative actions; and (5) amparo agrario ejidal o comunal for the protection of peasants’ rights derived from the agrarian reform process." [10]

Mexico's "recurso de amparo" is found in Articles 103 and 107 of the Mexican Constitution —the judicial review of governmental action—to empower state courts to protect individuals against state abuses. Amparo was sub-divided into 5 legal departments:

(a) the Liberty Amparo (amparo de libertad)
(b) the Constitutionality Amparo (amparo contra leyes)
(c) the Judicial or “Cassation” Amparo, aimed at the constitutionality of a judicial interpretation
(d) the Administrative Amparo (amparo como contencioso-administrativo); and
(e) the Agrarian Amparo (amparo en materia agraria, ejidal y comunal).[11]