The Amparo Proceeding Against the Death Penalty in Aguascalientes (1874-1933)

Abstract

This article analyzes the role of the amparo proceeding in reviewing death sentences issued by judicial authorities in the state of Aguascalientes between 1874 and 1933. The research problem consists of determining how constitutional justice operated as a mechanism for controlling the application of capital punishment during a period in which this sanction remained legally recognized in Mexico. The objective is to identify the main legal criteria employed by federal courts when resolving amparo proceedings filed against death sentences. The study adopts a historical-legal and documentary methodology based on the analysis of fifteen amparo case files preserved in the Amparo Collection of the First District Court in Aguascalientes, housed in the Historical Archive of the Supreme Court of Justice’s Casa de la Cultura Jurídica. The research examines the arguments advanced by the responsible authorities and the federal courts that adjudicated these constitutional claims. The findings show that constitutional justice functioned as a counterbalance to the imposition of the death penalty by correcting local judicial interpretations related to the strict application of criminal law, normative hierarchy, and the protection of fundamental rights. The study concludes that the amparo proceeding played a significant role in limiting the punitive power of the state and constituted an important antecedent in the evolution of judicial protection of fundamental rights in Mexico.