INTERPRETACIÓN, INTENCIÓN Y AUTORIDAD

Abstract

The main objective of this work is to determine the problems related to legal interpretation and the role that intent plays in it. The method employed was the comparison, contrasting and critic of the different theoretical postures that exist about it. For this purpose, the paper will primarily state the methodological presuppositions under which the concept of “interpretation” has been conceived in this document (Interpretation as a Noetic and Dianoetic activity). Once this is clear, this document will be based that the legal provisions are orders from the legislators, and as such, the judge cannot digress from the intention of the first when interpreting the law. Immediately after, the problems arising from understanding the intention of the legislator in the legal dispositions, mainly caused by the vices natural to the language in which they are written, moreover from the proper vices of the system and the fact they come from a collective of legislatorial-wills come into evidence. Consequently, this essay will examine the task of the judge when called to solve these complex cases, in which it falls upon him to become a creator of law.