The New Amparo Law

April 3, 2013

One of the most relevant remedies within the Mexican legal framework available to individuals/companies against violation of rights committed by the government or by a court of law is the constitutional action known as Amparo, which is regulated by the Amparo Law. This Law has been re-designed by our Congress, with a reform act entering into effect today.  The review and update was necessary as the law had not been substantially amended since its enactment in 1936

In this new Law, the Amparo Trial handled by Federal Courts, which previously referred only to constitutional rights, is now expanded to defend any petitioner against violations to human rights by an authority.

As a result of the entering into effect of this statute, several areas of law, including Intellectual Property, Information Technologies and Telecommunications, Administrative and Regulatory, will be impacted in relation to possible challenges to the official actions taken by authorities like the Mexican Institute of Industrial Property (IMPI), the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) and the Specialized Intellectual Property Court of the Federal Court for Tax and Administrative Affairs (SEPI), amongst others.

We consider this development as a positive one, as it modernizes and provides a more effective constitutional and human rights protection as means of defense against arbitrary or illegal acts of authority in the Mexican legal system in every area (criminal, labor, administrative and civil).

This new Law becomes effective immediately, and we anticipate that certain provisions will be tested and will have to be interpreted by our Courts, i.e., the limitation imposed on the discretion of federal courts to grant injunctions against acts of authority within the Amparo trial.

We will monitor the development, application and interpretation of this Law and will keep our friends and clients updated.