These are changes that respond to the need to improve the institution of protection as a central mechanism for the protection of fundamental rights against acts of authority, as well as to avoid the abusive or dilatory use of administrative and judicial resources in tax matters that hinder the collection of firm credits and affect social interest and public order, the reform states.
The minutes derived from an initiative presented by President Claudia Sheinbaum Pardo, whose content was analyzed in the public hearings organized by the Justice, Finance and Public Credit and Legislative Studies commissions, where 41 specialists were heard.
Article 128 of the Amparo Law, in section III, modifies the term “public interest” to “provisions of public order”, which ”thus eliminates ambiguous wording that could give rise to discretionary interpretations and violate the guaranteeing essence of the amparo trial,” Morenistas have argued.
Section V, which stated “that if the act is executed, damage that is difficult to repair may be caused,” is also deleted in order to harmonize the text with the constitutional principles of progressivity and effective access to justice.
Regarding article 129, in section XVI, it is adjusted to specify that it will be considered contrary to the social interest or provisions of public order to continue with activities or services that require federal authorization when it is not available, eliminating the reference to cases of revocation or suspension of permits, thus strengthening legal clarity and the correct application of the law, said the president.
Regarding the transitional regime, a new transitional third party is incorporated in which it is established with greater precision how the matters in process will be substantiated at the time of the entry into force of the decree, and from the above indicated, articles 4 and 5 were only reviewed in their order due to the incorporation of the transitional third party.
Opponents consider that the reform is “regressive and not substantive”, since it is an instrument for the protection of rights from which citizens protect themselves from abuses of power, and the modifications are contrary to this objective, by violating rights and defining legitimate interest, so that the Amparo Law no longer meets the purpose of protecting rights and guarantees.
