Abstract

RIVADAVIA, Valentina. Judicial decision’s context and its special importance when deciding in equity or ex aequo et bono. Rev. Derecho [online]. 2021, n.23, pp.142-153.  Epub June 01, 2021. ISSN 1510-3714.  https://doi.org/10.22235/rd23.2543.

The purpose of this work is about some considerations made about the ethical and normative context conditions that should be present in order to courts could decide grounding their decisions on principles, specifically that of equity, to resolve issues submitted for their consideration. Through this article, it will be analyzed how equity presents several particular characteristics that bear and provide special relevance to the normative and ethical conditions of the jurisdictional function in order to ensure that the judicial aware reckon with a minimum of instrumental rationality. The analysis and work prepared by Jesús Vega, who critically studies the visions of equity outlined by Ferrajoli and Aristóteles, will be used as the main guide (work tool).

Keywords : judicial ethics; judicial decision; equity; context of the decision.

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