Revista Facultad de Jurisprudencia (Oct 2017)

The Logical - Legal Process of the Convictions of Tax Judges

  • Gonzalo Lascano Báez

DOI
https://doi.org/10.26807/rfj.v1i1.10
Journal volume & issue
Vol. 1, no. No. 1: Journal of the Faculty of Jurisprudence
pp. 187 – 202

Abstract

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Judicial conviction, approached as a logical legal process, is a complex challenge for those who see in the work of the judge something more than a simple application of a legal syllogism. Contemporary doctrines increasingly recognize the active role of judges in the creation of law, which is reflected, at least in theory, in better founded judgments which have a more solid logical structure. From these presuppositions, this article, in a general way, describes the logical-juridical mental process that the tax judge must follow to obtain the long-awaited conviction in their decision, always observing the particular characteristics of the substantive and adjective activity of the tax law.

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