The amparo in Guatemala (1921-2021): its “amplitude” to guarantee rights in constant “expansion”

Study in tribute to memory from professor Mauro Roderico Chacón Corado

Abstract

Abstract. The article begins with an express reference to the figure of former judge Mauro Roderico Chacón Corado, as a tribute to his teachings and footprint during his time at the Constitutional Court. In its development, the article attempts to review the normative and jurisprudential evolution of the “amparo” in Guatemala since its incorporation through the constitutional reform of 1921. This review highlights the special “breadth” of the Guatemalan “amparo”, in the sense of emphasizing its tutelary nature, both with respect to the rights it protects, as well as the opening of the acts of power, in the public and private spheres, which are subject to constitutional control by its means. The “breadth” that the constitutional guarantee entails, both in the “expansive” catalog of rights and freedoms that it protects, and in the very diverse and varied areas in which it can act, reveal that the “amparo” in Guatemala responds completely and perfectly , like no other procedural instrument, to the requirements of Article 25 of the American Convention on Human Rights, insofar as it recognizes the “right” to a simple, fast and effective mechanism “before the judges” that “protects” the people “against acts that violate their rights” recognized by the Constitution, the law or the Convention itself.Key words: Constitution, human rights, constitutional guarantees, “amparo”.