La jurisdicción ordinaria y la indeterminación restrictiva que representa el tipo penal de prevaricato en Colombia
The indeterminacy about the inflexibility or flexibility of our fondant system has caused a dispersed conceptualization in terms of reach and obligatory of the case law in Colombia, the contradictions between the constitutional faculties to apart, modify or add The precedent and the typical descript...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6713592 |
| Source: | Academia & Derecho, ISSN 2539-4983, Nº. 10, 2015, pags. 241-272 |
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| Summary: |
The indeterminacy about the inflexibility or flexibility of our fondant system has caused a dispersed conceptualization in terms of reach and obligatory of the case law in Colombia, the contradictions between the constitutional faculties to apart, modify or add The precedent and the typical description of malfeasance crime is one of the problem point that profiles as a drawback to the emblematic “living law”, as constitutionally proclaimed ever, and so poorly development from the ordinary jurisdiction.; This is how, in front of this problem, the writing aims to show the risk posed by the indeterminacy of prevaricate as to when, how, what modalities and in which generic circumstances illicit configured. Also to approach the issue of the verifiability on the hermeneutic criteria t hat supports the creation of new sub rules, you will find in the study of malfeasance crime, the necessary starting point that defines proper obstacles in the struggle of the principles of legal security and legitimate expectations against liberty in the interpretive judicial practice, formulating problems such as distrust in front of the justifying judges arguments or the confused idea of legality on rational criteria of the judge if it departs, adds or modifies the force of law to create a new sub rule of law. |
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