IURA NOVIT CURIA : Ruptura de la garantía de la motivación o ejercicio legítimo de funciones.

Abstract

The iura novit curia stands as that principle that proposes a role and active figure of the judge within the process, allowing him, although not altering the factual foundation or the foundations of fact, to modify the legal foundation of the parties, either by including in the motivation of their decisions legal arguments not alleged by them or suppressing those invoked erroneously according to the appreciation of the judge, all that with the purpose of safeguarding the rights enshrined in the Constitution and the direct application of the same. However, that action, being contained in an optimization mandate, is not sufficiently developed in the regulations, causing an uncertainty threshold where the application of the principle could go from meaning an action based on the allowed discretion of the judge, to configure a use arbitrary of its functions that ends up violating the guarantee of motivation with incongruent sentences.