Título Dos Capítulo Cinco. Procedimiento

Judges and tribunals are obligated to process constitutional relief (amparo) petitions on the same day on which they are presented to them, ordering the background records to be requested or, failing that, a detailed report from the person, authority, public official or employee against whom constitutional relief (amparo) has been requested, who shall comply by transmitting the background records or reporting within the peremptory term of forty-eight hours, plus the additional time on account of distance, which the tribunal shall fix in the same decision, in its prudent discretion.

If within the indicated term the background records or the report have not been sent, the tribunal hearing the case shall order the provisional suspension of the challenged act, decision or procedure.

If the authority, challenged person or applicant for constitutional relief (amparo) has knowledge that any person has a direct interest in the subsistence or suspension of the act, decision or procedure, whether by being a party to the proceedings or by having any other legal relationship with the situation at issue, they are obligated to make it known to the tribunal, indicating their name and address and, in succinct form, the nature of such interest. In this case, the Constitutional Relief (Amparo) Tribunal shall grant a hearing to such person in the same manner as to the Public Prosecutor's Office, treating them as a party.

Upon receipt of the background records or the report, the tribunal shall confirm or revoke the provisional suspension ordered in the initial order of the procedure. Of such background records or of the report it shall give notice to the applicant, to the Public Prosecutor's Office, institution which shall act through the section corresponding according to the subject matter concerned, to the persons covered by the preceding article and to those who in its judgment also have an interest in the continued existence or suspension of the act, decision or procedure, who may present arguments within the common period of forty-eight hours. the ordered proceedings, the tribunal shall issue its of imposing the fines and sanctions established in the Upon expiration of said period, whether or not the parties have argued, the tribunal shall be obliged to decide, but if there are facts to be established it shall open the constitutional relief (amparo) to evidence, for the non-extendable period of eight days. The constitutional relief (amparo) tribunals may dispense with the evidence in cases in which in their judgment it is not necessary, but they shall process it mandatorily if requested by the applicant.

If the constitutional relief (amparo) is opened to evidence, the tribunal, in the same decision, shall indicate the facts to be investigated on its own initiative, without prejudice to any others that may be necessary or to the evidence submitted by the parties.

If there are controverted facts, the tribunal shall investigate them on its own initiative, conducting whatever measures are necessary to exhaust the investigation. No person or authority may refuse to answer the summons of a constitutional relief (amparo) tribunal nor resist compliance with its orders, except in case of force majeure which the same tribunal shall verify.

Non-compliance with what is ordered in evidence proceedings shall be sanctioned in accordance with the Criminal Code, for which purpose the constitutional relief (amparo) tribunal shall certify the pertinent matter to a tribunal of the criminal jurisdiction.

Once the evidentiary period has concluded, the tribunal shall issue an order granting a hearing to the parties and to the Public Prosecutor's Office for the common term of forty-eight hours, upon expiration of which, whether or not they have expressed their views, it shall render judgment within three days.

If, upon holding the hearing referred to in the preceding article, or upon notification of the decision omitting the opening to evidence, any of the parties or the Public Prosecutor's Office requests that the case be heard in a public hearing, it shall be held on the last of the three following days and at the time set by the tribunal. When a public hearing has been held, the tribunal shall render judgment within the time limit of the three following days.

At the public hearing, the parties and their attorneys, as well as the challenged authority or entity and its attorneys, may appear to argue. If the challenged authority is public or it is the State, it may delegate its representation to the Public Prosecutor's Office, in the case that the latter expresses agreement with the act that gave rise to the constitutional relief (amparo).

When the Constitutional Court hears in sole instance or on appeal, the time limit for pronouncing judgment may be extended by five more days, according to the seriousness of the matter.

The tribunal may order the performance of such proceedings and the collection of such documents as it deems appropriate for better adjudication, within a time limit not exceeding five days.

Upon expiration of the time limit of the order for better adjudication, or upon completion thereof, a decision shall be issued within the terms of the preceding articles.

In constitutional relief (amparo) proceedings, the tribunals have no authority to amend the procedure in first instance, the Constitutional Court being excepted from this prohibition.