Recurso de Amparo

The writ of amparo (also called recurso de amparo or juicio de amparo) is a remedy for the protection of constitutional rights, found in certain jurisdictions. In some legal systems, predominantly those of the Spanish-speaking world, the amparo remedy or action is an effective and inexpensive instrument for the protection of individual rights.

Amparo, generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and his basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the writ of security available in Brazil and the constitutional complaint (Verfassungsbeschwerde) procedure found in Germany.

In many countries, an amparo action is intended to protect all rights other than physical liberty, which may be protected instead by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights, implicitly or explicitly protected by the constitution (or by applicable international treaties), is being violated.