THE INJURING PARTY

Because the amparo procedure is governed by the principle of bilateralism, the party that initiates it, that is the plaintiff, whose constitutional rights and guaranties have been injured or threatened, must always file the action against an injuring party, whose actions or omissions are those that have caused the harm or threats.

This means that the action must always be filed against a person or a public entity that must also be individuated as defendant. That is why in the amparo proceeding, as well as the injunctions in the United States, the final result has to be a judicial order “addressed to some clearly identified individual, not just the general citizenry.”

Thus, since the beginning of the proceeding when the action is filed, or during the procedure, the bilateral character of the amparo suit implies the need to have a procedural relation that must be established between the injured party and the injuring one who must also participate in the process.

The question of the individuation of the defendant

This need for the individuation of the defendant also derives from the subjective or personal character of the amparo in the sense that in the complaint, as it is generally provided in all the Latin American Amparo Laws, the plaintiff must clearly identify the authority, public officer, person or entity against whom the action is filed.