Título Dos Capítulo Tres. Interposición

To seek constitutional relief (amparo), except in cases established in this law, ordinary judicial and administrative remedies must previously be exhausted, through which matters are adequately ventilated in accordance with the principle of due process.

The petition for constitutional relief (amparo) must be made within the time limit of thirty days following the day of the last notification to the affected person or of the fact becoming known to the latter which, in their judgment, harms them. However, during the electoral process and solely concerning this subject matter, the time limit shall be five days.

The foregoing time limit shall not apply when constitutional relief (amparo) is brought against the risk of application of unconstitutional laws or regulations to specific cases; as well as where there is a manifest possibility that acts violating the rights of the active subject may occur.

Constitutional relief (amparo) shall be requested in writing, fulfilling the following requirements:

a)Designation of the tribunal before which it is filed;

b)Indication of the given names and surnames of the applicant or of the person representing him or her; his or her age, marital status, nationality, profession or occupation, domicile and place to receive notifications. If the matter is pursued by another person, representation must be proven;

c)When the party promoting constitutional relief (amparo) is a legal person, the data relating to its existence and legal personality shall be succinctly indicated;

d)Specification of the authority, public official, employee, person or entity against whom constitutional relief (amparo) is sought;

e)Statement of the facts giving rise to constitutional relief (amparo);

f)Indication of the constitutional norms or those of another nature on which the petition for constitutional relief (amparo) rests, with the other legal arguments and submissions of law;

g)To attach the documentation related to the case, in original or in copies, or to indicate the place where it is located and the names of the persons who have knowledge of the facts and the places where they may be summoned, and to specify any other evidentiary measures leading to clarification of the case;

h)Place and date;

i)Signatures of the applicant and of the active collegiate attorney sponsoring him or her, as well as the latter's seal. If the applicant does not know how or cannot sign, another person shall do so for him or her, or the assisting attorney shall do so;

j)To attach a copy for each of the parties and an additional copy for use of the tribunal.

When the person requesting constitutional relief (amparo) has omitted the indication of one or more requirements in the filing or the legal standing is defective, the tribunal hearing the case shall rule to admit the constitutional relief (amparo) for processing and order the filing party to satisfy the missing requirements within the term of three days, but, to the extent possible, shall not suspend the proceedings. Where the tribunal deems it appropriate, the distance term may be added to this term.

Only bar-registered attorneys and relatives within the degrees established by law may act as agents for the affected person without proving formal representation when they declare that they act for reasons of urgency, for the due protection of the interests entrusted to them. Before the constitutional relief (amparo) is decided, the representation being exercised must be proved, except in urgent cases as determined by the tribunal.

In the memorial for the filing of constitutional relief (amparo), the provisional suspension of the challenged provision, act, decision or procedure may be requested.

The Public Prosecutor's Office and the Human Rights Ombudsman have active standing to file constitutional relief (amparo) in order to protect the interests entrusted to them.

The notoriously poor or ignorant person, the minor and the incapacitated person, that of mandatory suspension.

appear before the tribunals in a verbal request for constitutional relief (amparo), in which case a record shall be drawn up concerning the grievances alleged, of which a copy shall immediately be forwarded to the Human Rights Ombudsman to advise or, as the case may be, sponsor the interested party. The unfounded refusal to draw up the record and forward the copy where appropriate grants the claimant the power to resort verbally to the Constitutional Court, which shall immediately decide as appropriate.