El precedente jurisprudencial y su aplicabilidad en el recurso de casación penal

Abstract

The Precedent has been presented as something recent and that it was unknown by jurists. Today it is in the process of positioning itself, warning that since its birth, in Colombia, it has contributed to settling litigious situations that previously were without a just and legal solution. That is why this investigation is specified as a novel subject for the legal community, it will be said the origin of the judicial precedent, its importance, application and binding force to solve judicial disputes, emphasizing that it has not been easy to give legal procedural roots to this new institute of law. It is also remarkable in the development of these pages to make explicit that the judges continue to preserve the autonomy conferred on them in Article 230 of the constitution, because although the application of the precedent is binding for judges, in events that they consider to be dismissed, they must satisfy a sufficient and consistent argumentative burden that eliminates any hint of injustice and illegality.