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Chapter Eighteen - The Main Principles of the Procedure in the Amparo Proceeding

Published online by Cambridge University Press:  08 August 2009

Allan R. Brewer-Carías
Affiliation:
Universidad Central de Venezuela
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Summary

The second aspect specifically conditioned by the extraordinary character of the amparo proceeding refers to the general rules governing the procedure, which in general terms are related to its bilateral character; to the brief and preferred character of the procedure; to the role of the courts directing the procedure and to the need for the substantial law to prevail regarding formalities.

THE BILATERAL CHARACTER OF THE PROCEDURE

One of the fundamental principles regarding the amparo proceeding is that although being of an extraordinary nature, the bilateral character of the proceeding must always be guarantied. This implies that the amparo proceeding must always be initiated by a party or parties (the injured or offended party), so no ex officio amparo proceeding is admissible. Consequently, the amparo proceeding must always be initiated by means of an action or a recourse brought before the competent court by a party against another party (the injurer or offender party) whose actions or omissions have violated or have caused harm to his constitutional rights. This party, as defendant, must always be brought to the procedure in order to guaranty his rights to defense and due process.

The final outcome of the amparo proceeding is always a judicial order, as also happens in the United States with the writs of injunction, mandamus or error, which are directed to the injuring party ordering to do or to abstain from doing something, or to suspend the effects, or annul the damaging act.

Type
Chapter
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Constitutional Protection of Human Rights in Latin America
A Comparative Study of Amparo Proceedings
, pp. 346 - 353
Publisher: Cambridge University Press
Print publication year: 2008

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