Ambivalencia Jurídica: Estrategia o Distorsión

Abstract

Globality allows us to act according to the social context, for this reason, it is essential to take into consideration the changes of legislation in the direction and pattern. The present research, enunciates ambivalence as a starting point in the legal deformation, whose axis of action, disguises justice or inequity and renews or disrupts reality, accommodates its intention in argumentative and interpretative adaptation, capable of providing legal solutions tailored, that is, provides multiple answers for each controversy, according to the motivation of the judge in the judicial process. The study analyzes whether the judicial function loses functional autonomy and limits itself to obtaining results with a view to legality, despite basing the decision on manipulation and lying or on the contrary, justice, knowledge, truth and right predominate of good. It is concluded that the acceptance and application of juridical ambivalence in praxis, is the “logical” consequence of the ephemeral global proceeding, which may or may not be contrary, to be and to be.