Direct and indirect protection

A direct amparo is one in which the claim is made before the competent authority so that it can be redirected to the corresponding Circuit Court, which is the body in charge of passing judgment..

In an indirect protection, the claim is presented before the District Judge, who is the one who decides. However, in this case the resolution can be reviewed by the Circuit Court, hence the term "indirect".

An amparo trial is one that is carried out to resolve conflicts before the authorities, in which it is presumed that individual freedoms have been violated. This legal figure was created in Mexico, it was mentioned for the first time in the 1917 constitution and since then it has been replicated in the laws of other countries in the region..

	Direct protection	Indirect protection
Definition	It is an appeal that is filed before a legal authority to be forwarded to a Circuit Court	It is a trial carried out by a District Judge.
Competent authority	Circuit Court.	District Judge, and if necessary, Circuit Court.
Cases in which it proceeds	Resolutions of a judicial, labor, agricultural or administrative court. Favorable judgments to the affected party of an administrative contentious court.	Resolutions that do not come from a judicial, labor, agricultural or administrative court. Acts of impossible repair.

What is a direct amparo?

It is an appeal that is presented before a competent body so that it is in charge of granting or denying the suspension of the claimed act and sending it to the corresponding Collegiate Court.

Once said Court passes judgment, no other recourse is appropriate..

Cases in which a direct amparo proceeds

A direct amparo proceeds against any resolution that ends the trial and is issued by a judicial, labor, agrarian or administrative court. In addition, all ordinary resources that are established by law and that in some way may revoke or modify a resolution must be exhausted..

Another case in which a direct protection proceeds is in those sentences that put an end to a trial and that are dictated by a court in administrative litigation, as long as the resolution is favorable for the affected party..

In this circumstance, the resolution can be challenged with an administrative appeal for revocation, then the sentence can be taken to an administrative contentious trial and, after the Federal Court issues its resolution, it can no longer be challenged, so it is possible to file a judgment of direct protection before the corresponding Collegiate Court.

Procedure of a direct amparo trial

For a direct amparo trial to take place, a series of steps must be followed:

• The affected or complainant files the claim before the competent authority that issued the sentence to claim.
• The responsible authority must certify the date of notification and presentation to the complainant, notify the interested third party and deliver the corresponding report with the necessary actions for the claim to be executed, if applicable..
• The Circuit Court receives the report with all the required annexes and decides if the claim is rejected, admitted or requires modifications.
• If the claim is admitted, the Circuit Court will set a deadline for the parties to present their arguments in writing..
• The Court will study and resolve the case. When this occurs, the President of the Court will send the file to the corresponding magistrate, who will be in charge of drafting the resolution..
• The sentence will be dictated by majority of votes or by unanimity of the Court.

What is an indirect protection?

An indirect amparo is a trial that, although it is carried out by a district judge, its resolution can be reviewed, either by the Circuit Court or by the Supreme Court, as appropriate..

Cases in which an indirect protection proceeds

• An indirect amparo lawsuit will proceed against acts of impossible reparation (actions that, once carried out, generate consequences that cannot be restored to their original state).
• In the same way, an indirect protection takes place against acts or laws that do not originate in administrative, judicial or labor courts..
• Acts carried out outside of trial, or after its conclusion, that do not originate in the aforementioned courts or that affect people outside of this.

Indirect protection proceeding

These are the steps to initiate a lawsuit for indirect protection:

• The affected person makes a claim before the District Judge or Circuit Court.
• The corresponding authority will examine the claim and determine if it admits it, rejects it or requests modifications..
• If the claim is admitted, the date of the hearing will be set.
• The affected party's counterpart (called interested third party) and the public prosecutor will also be notified, who may notify their disagreement with the claim, either by providing evidence or invoking the inadmissibility of the trial..
• In this case, the competent authority decides whether the disagreement of the interested third party or the public prosecutor is justified or if, on the contrary, it is inadmissible and therefore, the act claimed is within constitutionality.