Título Dos Capítulo Cuatro. Amparo Provisional

The provisional suspension of the challenged act proceeds both on its own initiative and at the request of a party. In any case, the tribunal, in the first decision it issues, even if it had not been requested, shall rule on the provisional suspension of the challenged act, decision or procedure, when in its judgment the circumstances make it advisable.

Provisional suspension of the challenged act, decision or procedure shall be ordered on its own initiative, among others, in the following cases:

a)If maintenance of the act or decision results in danger of deprivation of life of the active subject of the constitutional relief (amparo), risk to his or her personal integrity, serious or irreparable harm to him or her;

b)When it concerns an act or decision whose execution would leave without subject matter or render useless the constitutional relief (amparo) by making difficult, burdensome or impossible the restoration of things to their prior state;

c)When the authority or entity against which the constitutional relief (amparo) is brought is proceeding with manifest illegality or lack of jurisdiction or competence;

d)When it concerns acts that no authority or person may lawfully execute.

At any stage of the procedure, before rendering judgment and at the request of the interested party or on its own initiative, the constitutional relief (amparo) tribunals have the power to order the provisional suspension of the challenged act, decision or procedure.

Likewise, at any stage of the procedure, before rendering judgment and upon request of a party or on its own initiative, the constitutional relief (amparo) tribunals have authority to revoke the provisional suspension of the challenged act, decision or procedure, when in their opinion the maintenance of the measure is not justified and provided it is not contemplated within the cases

When the singularity of the case so requires, at the time of communicating to the challenged authority the suspension of the act, a record shall be drawn up in which shall be set forth in detail the state in which the facts and acts being suspended stand at that time and the warning issued not to modify them until decided in the judgment or the tribunal so orders.

If the person to whom the suspension has been notified disobeys the judicial order and continues to act, the tribunal hearing the proceedings shall immediately order their prosecution, with certification of the relevant matters being issued for such purpose for the initiation of the corresponding criminal proceedings.