Abstract

NARVAEZ DIAZ, Omar Hernando. Iura Novit Curia in informal cassation: detriment to the dispositive power and congruence?. Prolegómenos [online]. 2023, vol.26, n.51, pp.37-54.  Epub Oct 17, 2023. ISSN 0121-182X.  https://doi.org/10.18359/prole.6175.

The iura novit curia is a judicial power, but what is the instrumental character for it to be applicable and/or appropriate in criminal law, specifically in informal cassation, without altering the legal qualification and neutrality? Taxable grounds govern the purpose of the recourse. However, the Criminal Chamber of the Supreme Court of Justice's judgment of legality applies the principialistic, avoiding the detriment of the Constitution, the block of constitutionality, and the control of conventionality. This article is a socio-legal reflection whose qualitative method is based on the analysis of jurisprudence and doctrine; it is concluded that the rigors to promote this mechanism are relaxed, to the point of relativizing consistency and influencing the procedural truth, on account of extra and ultra petita powers for the solution of selected cases.

Keywords : Iura novit curia; cassation; congruence; constitutional process; dogmatics.

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