An interpretation of law adapted to the times – Commerce and Justice

An interpretation of law adapted to the times – Commerce and Justice

Written exclusively for Commerce and Justice by Luis Carranza Torres* and Carlos Krauth**.

According to all studies, corruption and inflation, as well as insecurity, integrate the triad of main problems affecting Argentines. Unfortunately, most of the time, the reaction of those who need to take action on this issue seems more like a make-up that tries to show action and attention before societal demands can find a suitable solution, rather than being concrete and effective.

When it comes to distrust, it is very common to see how projects are presented, authorities are changed, institutions, departments, divisions, prosecution offices are created to change substantive laws and procedures, among other measures. Judging by the results, none of these decisions seem to have had the expected effect. Often times, it is more important to focus on a specific problem and know how to use the material already available in order to find quick and effective solutions.

An example of what we have said is Córdoba 6. A subject who, among other things, steals money and documents from a vehicle and uses an alarm detonator to open it, is jailed for 2 months; these or the objects that their owners left inside them.

New and notable, court judge Dr. It is Enrique Buteler’s solution to a phenomenon that seems to give a more positive response to the accused than to strict criteria of justice. So much so that while preparing the form of Article 163, inc. Third, the manner in which he took possession of what belonged to others was unknown. However, rather than suggesting that “there is no norm governing the use of inhibitors,” Dr. Buteler decided to interpret the norm to include the use of technological means, according to what was legalized. use of fake keys and unlocks – recall that the legal figure refers to “an unlock, fake key or other similar means, or a real key extracted, found or retained”.

In his long discussion, the attorney, who put “too much claw” (sic) in the justification of the sentence, according to the testimony of someone who knew him well, underlined “the duty of the courts to interpret the law gradually”. ; that is, “determine the current meaning of each legal formula at the time of application.” This requires keeping in mind the social and historical changes and taking into account the differences that technological progress brings to our daily lives.

It is not a comprehensive interpretation, but rather not being a prisoner of a past cultural composition that reality partially or completely overcomes in the present.

In the Dictionary of the Spanish Royal Academy, “key” refers to a tool that enables the opening or closing of a lock mechanism. A “Ganzúa” is the device that enables it to perform functions related to a door without a key. The fact that they have been made of metal to date does not mean that the concept cannot include these versions of the electronic door technology. Just like the gun description at the crime scene.

We found the decision remarkable in terms of showing how we can find solutions with reason and reason within our rights, without the need for major changes and changes that take a long time and the result of which is uncertain.

We are convinced that our legal history is very wise and that, as in this case, it has manifested itself in a way that allows updating the application of the law based on the correct interpretation made by the judges. legal text. Not to expand the concepts, but to preserve the scope that they logically should have and are always considered together.

As we have said, it is not always necessary to propose impressive changes to respond to the needs of citizens. The answer is often at hand; it takes dedication and knowledge to find it.

Lawyer. doctor of legal sciences

(**) Lawyer. doctor of law and social sciences
#interpretation #law #adapted #times #Commerce #Justice

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