The discrepancies in the stipulation of sureties in cassation cases and their relationship with the right to legal certainty.

  • Iván Xavier León Rodríguez Universidad Regional Autónoma de Los Andes
  • Gisela Monserrate Lagos Vélez Ministerio de Inclusión Económica y Social
  • Iván Rafael León Castro Universidad Regional Autónoma de Los Andes
  • Sheyla Karina Gómez Mora Universidad Regional Autónoma de Los Andes
Keywords: cassation, challenge, surety, deficiency, legal certainty

Abstract

This study focused on the analysis of the cassation appeal, an extraordinary legal tool to evaluate the adjective and substantive legality of second instance judgments and orders, as established in the General Organic Code of Proceedings. The research approach included qualitative and quantitative aspects, using deductive and analytical-synthetic methods. Data were collected through semi-structured interviews and statistics were obtained from the National Court of Justice, with a focus on the results for the years 2020, 2021 and 2022. During these years, a total of 641 cassation cases were entered, of which 267 were resolved in 2020, 266 in 2021 and 562 in 2022.

Published
2023-12-01