Alberto Muerza - On the Constitutional and Legal Problems of Amparo Judgments Performance

Alberto Muerza - On the Constitutional and Legal Problems of Amparo Judgments Performance

November, 2006

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 . 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 re

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. 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.

PDF