An Appeal for Amparo is an action of reparation, depending on the legislation of the country in question, the protection of the constitutional rights of the citizen and those known and ruled on or a specific court such as the Constitutional Court, the Supreme Court o An ordinary judge of the court, according to the provisions of the procedural law of each country. The amparo fulfills a double function: the protection of the citizen in his fundamental guarantees and his own constitution to guarantee the inviolability of his precepts and the sea by general norms contrary to these precepts or by acts of authority that violate the content of recognized fundamental rights in the Constitution.
According to the procedural law of each country, protection can be guaranteed through a judicial action or through a procedural appeal.
As an action, the amparo consists of protecting, in an original way, at the beginning of the process, all rights that are not physical or ambulatory freedom (these are specifically protected by habeas corpus). Just as habeas corpus guarantees the exercise of physical or ambulatory freedom, the amparo tends to guarantee any of the other fundamental rights. Therefore, any person who is deprived of any of the rights expressly or implicitly recognized by the Constitution, a law or, where appropriate, in international treaties can resort to this action.
As a resource, the amparo is an additional procedural guarantee for the citizen. Although the entire judicial body has the obligation to enforce the legislation, when the judicial process has been completed and the citizen considers that his fundamental rights have been violated, an appeal for protection before the competent judicial body.
The name that the resource receives in the different Latin American states is a country of the country, that is, Bolivia (formerly called "Appeal for Amparo"), Ecuador and Peru is called "action for protection", in Colombia "" And in Brazil " Security mandate “; Including an appeal filed before the Inter-American Court of Human Rights, for what is called “inter-American protection”.
Those who oppose the criterion that the amparo be considered a resource, maintain that a resource always arises within a process; Although the amparo does not intend to correct bad procedures or correctly interpret the regulations in force in a contentious process, but to try to protect the fundamental rights of people. Likewise, to strengthen this position, it is argued that the remedies only act against the authorities while the amparo also proceeds against individuals.
