Abstract

ELIZONDO MAYER-SERRA, Carlos  and  MAGALONI KERPEL, Ana Laura. The Writ of Amparo and the Depuration of Police Forces. Bol. Mex. Der. Comp. [online]. 2010, vol.43, n.129, pp.1081-1106. ISSN 2448-4873.

Since the nineties, there has been an effort to clean police forces. This strategy has confronted the problem that fired policemen seek the protection of justice, obliging the government to rehire them. The government of Zedillo sought to eliminate this problem through a Constitutional reform, but this reform did not work as expected. In 2008, the government of Calderón was successful in reforming the Constitution to prohibit the rehiring of policemen. The first section of this document analyses the origins and content of Zedillo's proposal of Constitutional reform, and the way the Supreme Court interpreted this reform, obliging the government to rehire fired policemen. The second part uses the Colombian case to show how a process of depuration can distinguish between a law for a moment of emergency and the ordinary administration of the system. We also analyze the decision of the Constitutional Court with respect to the judicial review that sought to invalidate the rules that governed the depuration of police forces.

Keywords : amparo; security; police; emergency.

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