Historical background of the suspension of the act claimed in the amparo trial

Abstract

It seems to me that the oldest antecedents of the suspension of the claimed act were found by the prominent legal scholar and researcher, Andrés Lira González, who, going back to colonial protection, tells us: “Another aspect of the scope of the protection order that is, the suspension of the claimed act. We find suspension of the acts claimed in almost all the amparos, since it can be seen how in the orders given to the mayors, magistrates, and in general executors of the amparo order they are warned to stop the acts of grievance; But this suspension or cessation is not comparable to that of modern procedural law, in which suspension is understood as the temporary cessation of the effects of specific legal acts. In this sense, there are, however, some clear cases of colonial protection, in which the commandment has these suspensive effects, such as the one granted in 1591 to the natives of Joxutla by the viceroy Don Luis de Velasco, protecting them in some lands.