Alberto Muerza - On the Constitutional and Legal Problems of Amparo Judgments Performance
  • Lawyers Involved
  • The purpose of this article is to point out some of the constitutional and legal problems that hinder the enforcement of sentences for defense, an issue which I have devoted some time. Here we present some reflections and conclusions have been reached .


     

    From the Table of Contents:



    • 1. Introduction.

    • 2. Exposure to the legal effect and considerations regarding the issues presented.

    • 2.1. On the enforcement of sentences

    • 2.1.1. General on the implementation of judgments and in particular the sentences of Amparo

    • 2.1.2. The compliance of sentences of Amparo

    • 2.2. About the enforcement of the Amparo sentences.

    • 2.2.1. Some problems of the enforcement of sentences of Amparo in the section XVI of Article 107 of the Constitution

    • 2.2.2. The threat of dismissal and appropriation.

    • 2.2.3. Determination of compliance informal substitute for the Supreme Court.

    • 2.2.4. The concept of economic benefits

    • 2.3. Failure Case for defense, the incident of non-compliance and compliance substitute.

    • 2.3.1. When can or should promote and persons authorized.

    • 2.3.2. Unable to breach.

    • 2.3.3. Judicial decision fixing damages.

    • 2.4. Relevant points.

    • 3. Conclusions.

    • 4. Proposals for legal reform.