Among those who have spoken out against are retired ministers Javier Lainez Potisek, José Ramón Cossío and Olga Sánchez Cordero, who warn that, instead of empowering citizens, the modifications restrict their possibilities of defending themselves against acts of authority.
On the other hand, the retired minister and current Presidential official, Arturo Zaldívar, and the former Veracruz magistrate Eduardo Andrade have expressed their support for the modifications.
This is what the legal forum has expressed about the reform:
Javier Lainez Potisek
Lainez Potisek considered that the reform “puts stones in the path of citizens and makes things easier for the authorities.”
He recalled that protection is a legal figure that citizens resort to when they consider that an act of authority affects their health, business or education, and they can request the suspension of the claimed acts to avoid damage.
According to the retired minister, the reform imposes new requirements to determine who has the right to request protection—that is, who has a “legitimate interest”—in addition to establishing restrictions on when the suspension of the claimed acts is appropriate.
The new concept of legitimate interest “seems like a straitjacket for the judge,” he noted, since it limits the possibility of admitting collective protections, such as those promoted by communities—not just indigenous people—in defense of ecological rights.
He also expressed concern about the issue of blocking accounts, a practice carried out by the Financial Intelligence Unit (UIF) “without a constitutional basis.”
“Blocking accounts is a precautionary measure that corresponds to the Public Ministry, in accordance with the National Code of Criminal Procedures. The UIF has done it on many occasions in an unethical manner,” he said.
Lainez explained that the reform prohibits provisional suspension in this matter, unless the legality of the resources is proven. “But if the legality is already proven, then there would be no reason for any freeze,” he concluded.
José Ramón Cossío
Retired minister José Ramón Cossío also considered that the Amparo Law “strengthens the position of the State vis-à-vis the citizens.”
In his opinion, one of the main setbacks is the narrowing of the figure of legitimate interest. “If someone fears that a construction or government decision will affect them and wants to file an injunction, they will be told that they cannot do so until they prove that they will individually suffer an injury,” he explained.
This raises the testing threshold and “very few people will be able to do it.” In cases such as the Mayan Train, he exemplified, the complainant would have to demonstrate damage to their particular land, even if the damage is environmental or collective.
Before the reform, society could file protections in defense of collective rights such as the environment or public health; That possibility, he warned, will no longer exist.
Cossío considered that the reform does not imply the disappearance of protection, but rather a setback in its evolution as an instrument of defense against acts of authority.
In tax and telecommunications matters, he added, taxpayers and concessionaires will lose legal defense possibilities to avoid seizures or executions while they litigate, having to wait for the final resolution, “when the damage could already be done.”
