El precedente: consecuencia de la discrecionalidad de los jueces

Abstract

This work analyzes the elements that make up the regulated power of discretionary faculties, since this is an abstract element and there is no approximation of it; In addition to analyzing the legal-procedural scenarios where this is contemplated under more explicit terms and grant a broader margin of action to the judge, it also puts into consideration the development of the autonomy of the judges through discretion by making a complement in issues where the legislator is not able to anticipate and, therefore, the judge imbued with autonomy under the terms of regulated power makes use of his discretionary powers to legislate in an implied manner as a result of the difficulty that arises in the consistent society, it is that is, the changes in the paradigm and resulting in the precedent.