Abstract

BRUZON VILTRES, Carlos Justo  and  RIVERO REYES, Dannis María. Judicial interpretation and guarantees of rigths: The value of the uniformity. Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.8, n.23, pp.225-243.  Epub May 05, 2023. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v8i23.566.

The protection of human rights is a necessity in any legal system, as a part of a democratic society. In the evolution of the rights guarantee system, the judicial protection is one of the most important. Therefore, the uniformity into judicial interpretation has become in additional guarantee, considering the value of binding precedent as a source of law. However, in certain contexts as civil law, there are still problems regarding the recognition of this source of law and its specific contribution both to the interpretation and application of the law under uniformity criterio, contributing to legal certainty and a superior protection of rights. Taking this problem into account, the present paper focuses on the relevance of this fact, using a qualitative, analytic and descriptive methodology.

Keywords : Judicial interpretation; guarantees of human rights; binding precedent; uniformity.