Interpretación, corrección y objetividad: a propósito del fallo “Farina” y los límites a la creatividad interpretativa en la decisión judicial

Abstract

Law is commonly understood as a system of legal norms that seeks to promote inter-subjective cooperation in order to achieve social peace. Its success depends not only on the existence of a harmonious set of general norms but also on the fact that judges follow a common and uniform interpretive platform. Otherwise, the instrumental value of law would be depreciated. Concerning the problem above, this paper aims to develop a series of objective criteria that judicial decisions should satisfy within the rule of law. In matters of judicial freedom and restriction, the paper attempts to reflect on the possibility to guarantee legal certainty, preserve human rights, and promote respect for dignity.