The group of United Lawyers of Mazatlán clarifies that it is not an invitation not to be vaccinated, it is against the aberration of this order
Mazatlán, Sinaloa.- José Guadalupe Morales Carrillo, a member of United Lawyers of Mazatlán, reported that to date 11 people have AMPAROS against the Mazatlan government measure, that to enter commercial places and public places are It is mandatory to show the vaccination certificate.
He reiterated that this new measure imposed by Mayor Luis Guillermo Benítez Torres, seeking to stop the contagion of coronavirus, is a violation of people’s rights and guarantees, in addition, that this is not going to solve the situation, since people already abide by the health provisions and measures that were issued by a health authority.
In advance, he clarified that it is not an opposition, an invitation not to be vaccinated, or a relaxation, but that it is simply against the aberration of this order that is not even the responsibility of the municipal authority.
“Amparo is the legal figure that allows you to enforce as a citizen the respect for your guarantees, it is the only tool that we have based on the law. Anyone who wants to protect has to do so within this legal term of 15 days from that the measure entered on August 2, “he said.
He added that said protection consists of telling a judicial authority with powers by law, to check whether the order issued by another authority, in this case, the municipal one, is legal or illegal.
Among the violations of individual guarantees is free movement of transit, and the one that is the most serious is the violation of the will to apply the vaccine; all due to a unilateral decision of the “Mayor” since it was a personal decision that was not even passed through the Cabildo.
“That a person is considered for why they could not go to vaccinate, if you were sick they recommend that you do not do it yet, or they tell you that a negative certificate is enough, do you have to pay 900 pesos to enter for show the president that you are free of the virus? These are things that have not been considered. We cannot allow an authority to trample on rights in a general way, “he emphasized.
The consultation that the United Lawyers group offers is completely free, as a requirement, only a copy of the INE and a proof of address must be presented at the offices located on Avenida Gutiérrez Nájera No.102, in front of the Juan Carrasco market.
“The federal judge is going to decide if we are right and if he has to call his attention as a municipal authority, because he is going to ask for information, with what is he going to justify, based on what he made the decision, studied the consequences generated, Has the situation in Mazatlán changed as opposed to everyone else? No, he simply said it’s my law, “he added.
The person protected may attend any establishment and the document will have to be respected, otherwise, the business would be committing a crime by not complying with a federal order.
What is and AMPARO?
Amparo is a means of defense available to all people and can be promoted by the natural or legal person who affects the rule or act. The complainant may do so by himself, by his legal representative, or by his attorney-in-fact, or by any person and through his defender or any person. When the claimed act derives from a criminal procedure, it may promote it through its defender or any person in cases where the Law allows it. The current Amparo Law regulates articles 103 and 107 of the Political Constitution of the United Mexican States published in the official gazette of the federation on April 2, 2013.
Actually, this figure is not new since since 1857 it was included for the first time in the federal constitution and were works carried out by Manuel Crescencio García Rejón y Alcalá, known as Manuel Crescencio Rejón, and Mariano Otero y Mestas, known as Mariano Otero were the pioneers .
In the case of a minor, a person with a disability or an elderly subject to interdiction, he may request protection by himself or by any person on his behalf without the intervention of his legitimate representative when he is absent, who is unknown, is impeded or I will refuse to promote it. The court, without prejudice to issuing the orders that are urgent, will appoint a special representative to intervene in the trial, having to prefer a close relative, except when there is a conflict of interest or reason that justifies the appointment of a different person.
The purpose of the Amparo trial is to resolve any controversy that arises due to general norms, acts, or omissions of authority that violate recognized human rights and the guarantees granted for their protection by the Political Constitution of the United Mexican States, as well as by the Treaties Internationals of which the Mexican State is a party, by general norms, acts or omissions of the federal authority that violate or restrict the sovereignty of the States or the sphere of competence of Mexico City, and as long as human rights are violated recognized and the guarantees granted for their protection by the Mexican Constitution and by general norms, acts or omissions of the authorities of the States or of Mexico City, that invade the sphere of competence of the federal authority, as long as the recognized human rights and the guarantees granted by the Federal Constitution are violated.
Before resorting to Amparo, the ordinary legal defense means must be exhausted (the resources of; appeal, revocation, review, disagreement, and complaint, among others) such legal defense means must be exhausted so as not to violate the principle of definitiveness and thus avoid the Dismissal but there are exceptions to the rule. For example; an arrest warrant violates articles 14 and 16 (the right of guarantee is not respected and because the act is not founded and motivated) of the federal constitution.
Otherwise, it happens in administrative matters when the act executed by the authority violates numerals 14 and 16 and/or is ill-founded and motivated, the indirect protection is used and proceeds because the constitutional numerals are violated, and when the administrative authority generates an act against someone and the ordinary legal remedies are not exhausted and you can go before the Administrative Court to promote the nullity trial and but the principle of definitiveness was not exhausted because the law itself is optional. Likewise, the indirect protection proceeds when the act of authority requires more requirements than the protection law itself, then human rights are violated, then the protection is used in order to request the provisional suspension by incidental means with the purpose that the act executed by part of the authority is suspended until the indirect protection is resolved so that it does not continue to cause grievances, or either the definitive or outright suspension.
The Amparo trial may be promoted jointly by two or more complainants when they suffer a common affectation of their rights or interests, even in the event that said affectation derives from different acts if they cause them similar damage and come from the same authorities. And in the case of acts or resolutions from judicial, administrative, agrarian, or labor courts, the complainant must claim to be the owner of a subjective right that is personally and directly affected.
Indirect protection proceeds against general rules, against acts outside and within a trial, procedural violations and is presented before a district judge, and direct protection is promoted against resolutions that put an end to a procedure and is promoted before the district judge so that it is substantiated and a resolution is issued.
However, in indirect Amparos in civil and commercial matters, and with the exclusion of family matters, where only private interests are affected, the Federal Public Ministry may file the resources that this Law indicates, only when the complainants have challenged the constitutionality of the norms. general and this aspect is addressed in the sentence.
The term to present the Amparo claim is fifteen days, except when a general self-applying rule is claimed, or the extradition procedure, in which it will be thirty days or when the final conviction is claimed in a criminal proceeding, which imposes a penalty. imprisonment may be filed within a period of up to eight years. When the Amparo is promoted against acts that have or may have the effect of totally or partially depriving, temporarily or permanently, the property, possession, or enjoyment of their agrarian rights to the ejidal or communal population centers, in which there will be seven years, counted from when, undoubtedly, the responsible authority notifies the act to the agrarian groups mentioned. When the claimed act involves danger of deprivation of life,
They are parties to the amparo trial
I. The complainant, having such character who claims to be the holder of a subjective right or a legitimate individual or collective interest, provided that he alleges that the claimed rule, act or omission violates the rights provided in article 1 of this Law and with This results in a real and current impact on their legal sphere, either directly or by virtue of their special situation vis-à-vis the legal order. Simple interest, in no case, may be invoked as a legitimate interest. The public authority may not invoke a legitimate interest.
II. The responsible authority, having such character, regardless of its formal nature, the one that dictates, orders, executes or tries to execute the act that creates, modifies or extinguishes legal situations in a unilateral and obligatory way; or omit the act that, if performed, would create, modify or extinguish said legal situations.
III. The interested third party, being able to have such character:
a) The person who has managed the claimed act or has a legal interest in it subsisting;
b) The counterpart of the complainant when the act claimed emanates from a trial or controversy of the judicial, administrative, agrarian or labor order; or in the case of a person outside the procedure, who has an interest contrary to that of the complainant;
c) The victim of the crime or offended, or who has the right to repair the damage or claim civil liability, when the act claimed emanates from a criminal trial and directly affects that reparation or responsibility;
d) The accused or prosecuted when the act claimed is the non-exercise or withdrawal of the criminal action by the Public Ministry;
e) The Public Ministry that has intervened in the criminal procedure from which the claimed act derives, as long as it does not have the character of a responsible authority.
IV. The Federal Public Ministry in all trials, where it may file the resources indicated in this Law, and those existing in criminal protections when decisions are requested from local courts, regardless of the obligations that the same law requires to ensure the prompt and expeditious administration of Justice.