La función nomofiláctica como mecanismo de unificación en la interpretación del derecho

Abstract

The purpose of this article is to reflect on the validity of the nomofilactic function of the cassation in the face of the strong criticisms that it has been subject to in the contemporary stage, in which, it has been said, the nomofilaxis has been left behind for other purposes that has the resource. The work draws attention to the causes for which it cannot be overlooked that, regardless of the reasons for applying justice in the specific case, judges cannot move away, in the activity of interpretation, from the law to comply other purposes, since the normative order represents the expression of the will of the general interest of citizens, so that these in the exercise of their functions must interpret and apply the law, without incurring abuse, or arbitrariness based on theories that distort one of the oldest purposes of the cassation: the nomofilaxis.