A direct protection is one in which the demand is made before the competent authority so that it is the one who redirects it to the corresponding Circuit Court, which is the body in charge of passing judgment.
In an indirect protection, the claim is presented before the District Judge, who decides. However, in this case the resolution can be reviewed by the Circuit Court, hence the term “indirect”.
A protective trial is one that is carried out to resolve conflicts before the authority, in which individual liberties are presumed to have been violated. This legal figure was created in Mexico, it was mentioned for the first time in the constitution of 1917 and since then it has been replicated in the legislation of other countries in the region.
| Direct embargo | Indirect embargo | |
|---|---|---|
| definition | It is an appeal that is brought before a legal authority to be forwarded to a Circuit Court | It is a trial conducted by a district judge. |
| Competent authority | Circuit Court | District Judge, and if necessary, Circuit Court. |
| Cases in which it applies |
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What is a direct protection?
It is an appeal that is presented to a competent body so that it is the one responsible for granting or denying the suspension of the claimed act and sending it to the corresponding Collegiate Court.
Once this Court issues a sentence, no other appeal is appropriate.
Cases in which direct protection applies
A direct protection proceeds against any resolution that puts an end to the trial and that is issued by a judicial, labor, agricultural or administrative court. In addition, all ordinary remedies that are established in the law and that can somehow revoke or modify a resolution must be exhausted.
Another case in which a direct protection applies is in those judgments that put an end to a trial and that are issued by a court in administrative disputes, provided that the resolution is favorable to the affected party.
In this circumstance, the resolution can be contested with an administrative appeal of revocation. Afterwards, the sentence can be taken to an administrative contentious trial. After the Federal Court issues its decision, it will no longer be possible to challenge it, so it is necessary to file a direct protection judgment before the corresponding Collegiate Court.
Procedure of a trial of direct protection
In order for a trial by direct defense to take place, a series of steps must be followed:
- The affected or complainant files the claim before the competent authority that issued the judgment to be appealed.
- The responsible authority must certify the date of notification and presentation to the complainant, notify the interested third party and deliver the corresponding report with the necessary actions for the claim to be executed, if applicable.
- The Circuit Court receives the report with all required attachments and decides whether the claim is rejected, admitted or requires modification.
- If the claim is admitted, the Circuit Court must set a deadline for the parties to present their arguments in writing.
- The Court will study and resolve the case. When this happens, the President of the Court will send the file to the corresponding magistrate, who will be in charge of drafting the resolution.
- The sentence will be given by majority vote or by unanimity of the Court.
What is indirect protection?
An indirect remand is a trial that, although it is carried out by a district judge, its decision can be reviewed, either by the Circuit Court or by the Supreme Court, as appropriate.
Cases in which indirect protection applies
- An indirect protection judgment will proceed against acts of impossible reparation (actions that, once carried out, generate consequences that cannot be restored to their original state).
- In the same way, indirect protection takes place against acts or laws that do not originate in administrative, judicial or labor courts.
- Acts carried out out of court, or after it has concluded, that do not originate in the previously mentioned courts or that affect people outside of it.
Procedure of an indirect protection trial
Here are the steps to start an indirect defense lawsuit:
- The affected person makes a claim before the district judge or Circuit Court.
- The appropriate authority will review the claim and determine whether to accept, reject or request modifications.
- If the claim is admitted, the date of the hearing must be noted.
- It will also be notified to the counterparty of the affected party (known as the interested third party) and to the public ministry, who will be able to notify their non-conformity with the demand, either by providing evidence or by invoking the impropriety of the trial.
- In this case, the competent authority decides whether the non-conformity of the third party concerned or of the public ministry is justified or if, on the contrary, it is inappropriate and therefore, the claimed act is within the constitutionality.
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