TITLE IV. CONSTITUTIONAL GUARANTEES
CHAPTER I. Habeas Corpus, Habeas Data and Amparo
Article 182
The State recognizes the guarantee of habeas corpus or personal appearance and of habeas data. Consequently, in habeas corpus or personal appearance, every aggrieved person, or any other in his behalf, has the right to file the petition; and in habeas data only may the person whose personal or familiar information are in archives, public or private registries in the following manner:
- Habeas Corpus or Personal Appearance
- When he is illegally imprisoned, detained or restrained in any way in the enjoyment of his freedom; and
- When during his lawful imprisonment or detention, the imprisoned or detained person is subjected to torment, torture, harassment, illegal demands, or any other coercion or molestation that is unnecessary for his personal safety or for the order of the prison.
- Habeas DataAll persons have the right to access information about themselves or their property that is already contained in databases, public or private registries in an expedited and non-onerous manner, and in cases where it is necessary to access, correct, or remove it. This may not affect the privacy of journalistic information sources.
A writ of habeas corpus or habeas data may be filed without requiring any special power or any formality, either orally or in writing, using any means of communication, at any time during working or nonworking days and free of charge. Only the constitutional chamber of the Supreme Court of Justice may take cognizance of the protections of habeas data; it has the unavoidable obligation of proceeding immediately to stop any violation of the rights of honor, personal or familiar privacy, a one’s own image.
The authorities of courts may not dismiss a petition for a writ of habeas corpus or personal appearance and additionally have the inescapable duty of proceeding immediately to put an end to the violation of one’s personal liberty or personal safety.
In both cases, the authorities of the courts that fail to admit these constitutional petitions shall incur the corresponding criminal and administrative liability.
Authorities that order and agents who undertake the concealment of the detained person, or who in any other way violate this guarantee shall be guilty of the offense of illegal detention.
Article 183
The state recognizes the writ of amparo.
Consequently, every aggrieved person, or any other in his behalf, has the right to file a petition for a writ of amparo;
- To have enjoyment and exercise of his rights and guarantees under the Constitution, treaties, agreements, and other established international instruments maintained or restored; and
- For a declaratory judgment in specific cases that a law, fact, act, or resolution of authority does not bind the petitioner, and is not applicable because it contravenes, limits or restricts any of the rights guaranteed by this Constitution.
When the petition for a writ of amparo is presented before a court lacking jurisdiction, that court must remit the original written document to the competent court.
The petition for a writ of amparo shall be filed in accordance with the law.
CHAPTER II. UNCONSTITUTIONALITY AND REVIEW
Article 184
Laws may be declared unconstitutional because of their form or content.
The Supreme Court of Justice has original and exclusive jurisdiction over hearing and deciding such matters and must render its decisions in accordance with the requirements governing final judgments.
Article 185
A declaration of unconstitutionality of a law and its revocation may be petitioned by anyone who considers himself injured in his direct, personal, and legitimate interest:
- By way of an action, to be filed before the Supreme Court of Justice;
- By way of a defense, which may be asserted in any judicial proceeding; and
- Additionally, the court that hears any judicial proceeding may directly request a declaration of the unconstitutionality of a law and its non-applicability before rendering a decision.
In the cases discussed in numbers two and three, the proceedings shall be raised to the Supreme Court of Justice, following the proceeding through the moment of the summons for judgment, after which the judicial proceeding shall be suspended on the partial question in anticipation of the ruling on unconstitutionality.
Article 186
No power or authority may enjoin causes of action pending in other courts or reopen cases already adjudged, except that criminal and civil cases already decided may be reviewed at any time in behalf of the persons convicted, on their own request, or the request of any other person, or of the Public Ministry, or on the court’s own motion.
All aggrieved persons that have been a party in the proceeding or with the right to be called to participate in it may demand the review of final rulings in civil matters within a period of six months counted from the day on which the last notification of the ruling’s finality.
The petition for review shall be filed exclusively with the Supreme Court of Justice. The law shall regulate the cases and the manner of review.
CHAPTER III. RESTRICTION OR SUSPENSION OF GUARANTEES
Article 187
The exercise of the rights established in articles 69, 71, 72, 78, 81, 84, 93, 99 and 103 may be suspended in the event of invasion of the national territory, serious disturbance of the peace, an epidemic, or other general disaster, or by the President of the Republic in agreement with the Council of Ministers, by means of a decree that shall contain:
- The reasons justifying the suspension;
- The guarantee or guarantees restricted;
- The territory to be affected by the restriction; and
- The duration of the restriction. In addition, Congress shall be convened by the same decree in order that, within a period of thirty days, it may take cognizance of the decree and ratify, modify, or reject it.
In the event that Congress is in session, it shall take immediate cognizance of the decree.
The restriction of guarantees shall not exceed a period of forty-five days for each time it is decreed.
If before the expiration of the period set for the restriction the causes underlying the decree have disappeared, it shall cease to be effective and, in this case, every citizen shall have the right to urge its revision. Upon expiration of the period of forty-five days, the guarantees shall be restored automatically unless a new restriction has been decreed.
Restriction of guarantees decreed shall in no way affect the functioning of the state agencies, whose members shall always enjoy the immunities and privileges granted by law.
Article 188
The territory in which the guarantees mentioned in the preceding article are suspended shall be governed during the suspension by the State of Siege Law, but neither that law nor any other may provide for the suspension of any guarantees other than those already mentioned.
Likewise, during the suspension no new offenses may be established or penalties imposed other than those established by laws in force at the time the suspension was decreed.
