La importancia de la fundamentación del recurso extraordinario de casación

Abstract

The extraordinary appeal of cassation allows the action to declare void a judgment or an order, to maintain the correct application of the law. The appeal like any other resource allows the analysis of the decision by the judges of second instance of one of the specialized chambers of the provincial courts.

The extraordinary appeal is a purely formal, extraordinary and supreme resource because it allows us to attack a judgment for errors of law inherent in the process, provided us to rely on the grounds determinedby law. The current role of the appeal is multifaceted and must constantly adapt to new demands, people-oriented to the proper administration of justice, that the sentence is just and definitive within a legal system; arguably appeal is a kind of filter with which it is observed and the rules of law which have been misapplied, misinterpreted by lower courts are obeyed.

In this research a historical analysis of the appeal, its legal nature, the formal requirements, transcendence in comparative law and a review of the vices that can affect it; is all done in emphasis to prove why the foundation of this resource formal character.

Also this monograph reflects the correct application of law in order to avoid by competent officials, the wrong administration of justice, thereby violating rights enshrined in international treaties, the constitution and the law.