Article 107 Political Constitution of the United Mexican States

The controversies referred to in article 103 of this Constitution, with the exception of those in electoral matters, shall be subject to the procedures determined by the regulatory law, in accordance with the following bases:

I.The amparo proceeding shall always be pursued at the instance of the aggrieved party, having such character whoever claims to hold a right or a legitimate individual or collective interest, provided that he or she alleges that the act complained of violates the rights recognized by this Constitution and thereby affects his or her legal sphere, whether directly or by virtue of his or her special situation before the legal order.

In the case of acts or resolutions coming from judicial, administrative or labor courts, the complainant must allege to hold a subjective right that is affected in a personal and direct manner;

II.The judgments pronounced in amparo proceedings shall only concern the complainants who have requested it, limiting themselves to granting them amparo and protecting them, if appropriate, in the special case on which the claim bears. In the case of amparo proceedings that resolve the unconstitutionality of general norms, in no case shall the judgments issued establish general effects. The amparo proceeding shall not proceed against additions or amendments to this Constitution.

When in indirect amparo proceedings on review the unconstitutionality of a general norm is resolved, the Supreme Court of Justice of the Nation shall inform the corresponding issuing authority thereof.

When the Circuit Collegiate Courts establish jurisprudence by reiteration, or the Supreme Court of Justice of the Nation by precedents, in which the unconstitutionality of a general norm is determined, its President shall notify the issuing authority. Once the term of 90 calendar days has elapsed without the unconstitutionality problem being overcome, the Supreme Court of Justice of the Nation shall issue, provided that it is approved by a majority of at least six votes, the general declaration of unconstitutionality, with general effects, in which its scope and conditions shall be fixed in the terms of the regulatory law.

The provisions of the two preceding paragraphs shall not be applicable to general norms in tax matters.

In the amparo proceeding, the deficiency of the concepts of violation or grievances must be supplied in accordance with the provisions of the regulatory law.

When acts are complained of that have or may have as a consequence depriving the ejidos or the population nuclei that in fact or by law maintain the communal state, or the ejidatarios or comuneros, of the property or of the possession and enjoyment of their lands, waters, pastures and forests, all those pieces of evidence that may benefit the aforementioned entities or individuals must be gathered on the court's own motion and the steps deemed necessary must be ordered to specify their agrarian rights, as well as the nature and effects of the acts complained of.

In the proceedings referred to in the preceding paragraph, dismissal for procedural inactivity and the lapse of the instance shall not proceed, to the detriment of the ejidal or communal nuclei, or of the ejidatarios or comuneros, but both may be decreed in their benefit. When acts are complained of that affect the collective rights of the nucleus, neither withdrawal nor express consent to the acts themselves shall proceed, unless the former is agreed by the General Assembly or the latter emanates from it;

III.When acts of judicial, administrative or labor courts are complained of, amparo shall only proceed in the following cases:

a)Against definitive judgments, awards (laudos) and resolutions that put an end to the proceeding, whether the violation is committed in them or, committed during the procedure, affects the defenses of the complainant transcending to the outcome of the decision. In relation to the amparo referred to in this subparagraph and section V of this article, the Circuit Collegiate Court must decide with respect to all the procedural violations that were asserted and those that, where appropriate, it notices in suppliance of the complaint, and shall fix the precise terms in which the new resolution must be pronounced. If the procedural violations were not invoked in a first amparo, nor did the corresponding Circuit Collegiate Court assert them on its own motion in the cases in which the suppliance of the complaint proceeds, they may not be the subject of a concept of violation, nor of ex officio study in a subsequent amparo proceeding.

The party that has obtained a favorable judgment and the one that has a legal interest in the act complained of subsisting may present amparo in an adhesive form to the one promoted by any of the parties that intervened in the proceeding from which the act complained of emanated. The law shall determine the form and terms in which it must be promoted.

For the proceeding to be admissible, the ordinary remedies established in the law of the matter must previously be exhausted, by virtue of which those definitive judgments, awards and resolutions may be modified or revoked, except in the case in which the law permits the waiver of the remedies.

When the definitive judgment, award or resolution that puts an end to the proceeding is complained of, the violations of the laws of the procedure must be asserted, provided that the complainant has challenged them during the processing of the proceeding through the remedy or means of defense that, as appropriate, the respective ordinary law indicates. This requirement shall not be demandable in amparos against acts that affect the rights of minors or incapacitated persons, the civil status, or the order or stability of the family, nor in those of a penal nature promoted by the convicted person;

b)Against acts in a proceeding whose execution is of impossible reparation, outside a proceeding or after it has concluded, once the remedies that may apply have been exhausted, and

c)Against acts that affect persons foreign to the proceeding;

IV.In administrative matters, amparo also proceeds against acts or omissions that come from authorities other than the judicial, administrative or labor courts, and that cause harm not reparable through some legal means of defense. It shall be necessary to exhaust these means of defense provided that, in accordance with the same laws, the effects of said acts are suspended on the court's own motion or through the filing of the proceeding, remedy or legal means of defense asserted by the aggrieved party, with the same scope as that provided by the regulatory law and without demanding greater requirements than those it sets forth for granting the definitive suspension, nor a term greater than that it establishes for the granting of the provisional suspension, regardless of whether the act in itself considered is or is not susceptible of being suspended in accordance with said law.

There is no obligation to exhaust such remedies or means of defense if the act complained of lacks grounds or when only direct violations of this Constitution are alleged;

V.The amparo against definitive judgments, awards or resolutions that put an end to the proceeding shall be promoted before the competent Circuit Collegiate Court in accordance with the law, in the following cases:

a)In penal matters, against definitive resolutions issued by judicial courts, whether federal, of the common order or military.

b)In administrative matters, when definitive judgments and resolutions that put an end to the proceeding issued by administrative or judicial courts are complained of by private parties, not reparable by some remedy, proceeding or ordinary means of legal defense;

c)In civil matters, when definitive judgments issued in proceedings of the federal order or in commercial proceedings are complained of, whether the authority that issues the decision is federal or local, or in proceedings of the common order.

In civil proceedings of the federal order, the judgments may be complained of in amparo by any of the parties, including the Federation, in defense of its patrimonial interests, and

d)In labor matters, when resolutions or definitive judgments that put an end to the proceeding issued by the local or federal labor courts are complained of, or awards of the Federal Conciliation and Arbitration Board for Employees in the Service of the State and its counterparts in the states (federal entities);

The Supreme Court of Justice, on its own motion or at the founded request of the corresponding Circuit Collegiate Court, of the Attorney General of the Republic, in the matters in which the Federal Public Prosecutor's Office is a party, or of the Federal Executive, through the Legal Counsel of the Government, may hear the direct amparos that, by their interest and importance, so warrant.

VI.In the cases referred to in the preceding section, the regulatory law shall indicate the procedure and the terms to which the Circuit Collegiate Courts and, as the case may be, the Supreme Court of Justice of the Nation must submit to issue their resolutions;

VII.The amparo against acts or omissions in a proceeding, outside a proceeding or after it has concluded, or that affect persons foreign to the proceeding, against general norms or against acts or omissions of administrative authority, shall be filed before the District Judge (Juez de Distrito) under whose jurisdiction the place in which the act complained of is executed or is intended to be executed is located, and its processing shall be limited to the report of the authority, to a hearing for which notice shall be given in the same order in which the report is ordered to be requested and the evidence offered by the interested parties shall be received and the arguments heard, the judgment being pronounced at the same hearing;

VIII.Against the judgments pronounced in amparo by the District Judges or the Collegiate Courts of Appeal, review proceeds. The Supreme Court of Justice shall hear it:

a)When, having challenged general norms in the amparo claim for considering them directly violative of this Constitution, the problem of constitutionality subsists in the remedy.

b)When it deals with the cases comprised in sections II and III of article 103 of this Constitution.

The Supreme Court of Justice, on its own motion or at the founded request of the corresponding Circuit Collegiate Court, of the Attorney General of the Republic, in the matters in which the Federal Public Prosecutor's Office is a party, or of the Federal Executive, through the Legal Counsel of the Government, may hear the amparos on review that, by their interest and importance, so warrant.

In the cases not provided for in the preceding paragraphs, the circuit collegiate courts shall hear the review and their judgments shall not admit any remedy;

IX.In matters of direct amparo, the review remedy proceeds against the judgments that resolve on the constitutionality of general norms, establish the direct interpretation of a precept of this Constitution or omit deciding on such questions when they have been raised, provided that in the judgment of the Supreme Court of Justice of the Nation the matter has an exceptional interest in constitutional or human rights matters. The subject matter of the remedy shall be limited to the decision of the strictly constitutional questions, without being able to comprise others. Against the order that dismisses the remedy no means of challenge shall proceed;

X.The acts complained of may be the object of suspension in the cases and under the conditions determined by the regulatory law, for which the amparo jurisdictional body, when the nature of the act permits, must carry out a weighed analysis of the appearance of good law and of the social interest. In the case of amparo proceedings in which the unconstitutionality of general norms is complained of, in no case may the suspension be granted with general effects.

Said suspension must be granted with respect to definitive judgments in penal matters upon communication of the promotion of the amparo, and in civil, commercial and administrative matters, through a guarantee given by the complainant to answer for the damages and losses that such suspension could occasion to the interested third party. The suspension shall be without effect if the latter gives a counter-guarantee to ensure the restoration of things to the state they held if the amparo were granted and to pay the consequent damages and losses;

XI.The direct amparo claim shall be presented before the responsible authority, which shall decide on the suspension. In the other cases, the claim shall be presented before the District Courts or the Collegiate Courts of Appeal, which shall resolve on the suspension, or before the courts of the states (federal entities) in the cases that the law authorizes;

XII.The violation of the guarantees of articles 16, in penal matters, 19 and 20 shall be complained of before the superior of the court that commits it, or before the corresponding District Court or Collegiate Court of Appeal, it being possible in either case to appeal the resolutions pronounced, in the terms prescribed by section VIII.

If the District Court or the Collegiate Court of Appeal does not reside in the same place in which the responsible authority resides, the law shall determine the court before which the amparo brief must be presented, which may provisionally suspend the act complained of, in the cases and terms that the same law establishes.

XIII.When the Circuit Collegiate Courts of the same region sustain contradictory criteria in the amparo proceedings of their competence, the Attorney General of the Republic, in matters of penal and criminal procedure, as well as those related to the scope of his or her functions, the aforementioned courts and their members, the District Judges, the parties in the matters that motivated them or the Federal Executive, through the Legal Counsel of the Government, may denounce the contradiction before the corresponding Regional Plenary (Pleno Regional), in order that it decide the criterion that must prevail as precedent.

When the Regional Plenaries sustain contradictory criteria upon resolving the contradictions or the matters of their competence, as applicable, the Justices of the Supreme Court of Justice of the Nation, the Regional Plenaries themselves, as well as the bodies referred to in the preceding paragraph, may denounce the contradiction before the Supreme Court of Justice, with the object that the Plenary decide the criterion that must prevail.

When the Supreme Court of Justice of the Nation sustains contradictory criteria in the amparo proceedings of its competence, the Justices, the Circuit Collegiate Courts and their members, the District Judges, the Attorney General of the Republic, in matters of penal and criminal procedure, as well as those related to the scope of his or her functions, the Federal Executive, through the Legal Counsel of the Government, or the parties in the matters that motivated them, may denounce the contradiction before the Plenary of the Supreme Court, in accordance with the regulatory law, so that it resolve the contradiction.

The resolutions pronounced by the Plenary of the Supreme Court of Justice as well as the Regional Plenaries in accordance with the preceding paragraphs shall only have the effect of fixing the jurisprudence and shall not affect the concrete legal situations derived from the judgments issued in the proceedings in which the contradiction occurred;

XIV.Repealed;

XV.The Attorney General of the Republic or the Agent of the Federal Public Prosecutor's Office that he or she designates for the purpose shall be a party in all amparo proceedings in which the act complained of comes from procedures of the penal order and those determined by law;

XVI.If the authority fails to comply with the judgment that granted the amparo, but said non-compliance is justified, the Supreme Court of Justice of the Nation, in accordance with the procedure provided by the regulatory law, shall grant a reasonable term for it to proceed to its compliance, a term that may be extended at the request of the authority. When it is unjustified or the term has elapsed without compliance, it shall proceed to remove from his or her position the head of the responsible authority and to commit him or her before the District Judge. The same measures shall be taken with respect to the hierarchical superior of the responsible authority if he or she has incurred responsibility, as well as with respect to the heads who, having previously occupied the position of the responsible authority, had failed to comply with the execution.

If, once the amparo is granted, the act complained of were repeated, the Supreme Court of Justice of the Nation, in accordance with the procedure established by the regulatory law, shall proceed to remove from his or her position the head of the responsible authority, and shall give notice to the Federal Public Prosecutor's Office, unless he or she had not acted with intent (dolo) and leaves without effects the repeated act before the resolution of the Supreme Court of Justice of the Nation is issued.

The substitute compliance of amparo judgments may be requested by the complainant or decreed on the court's own motion by the jurisdictional body that had issued the amparo judgment, when the execution of the judgment affects society in greater proportion than the benefits that the complainant could obtain or when, due to the circumstances of the case, it is impossible or disproportionately burdensome to restore the situation that prevailed before the violation. The incident shall have the effect that the execution is deemed complied with through the payment of damages and losses to the complainant. The parties in the proceeding may agree the substitute compliance through an agreement sanctioned before the jurisdictional body itself.

No amparo proceeding may be archived without the judgment that granted the constitutional protection having been complied with;

XVII.The responsible authority that disobeys an order of suspension or that, in the face of such measure, admits through bad faith or negligence a bond or counter-bond that turns out illusory or insufficient, shall be sanctioned penally;

XVIII.Repealed.