Preferencias académicas de los estudiantes de la Carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencias

Abstract

Abstract: This work analyzes the application of Sustainable Development Goal (SDG) No. 16 under its approach of respect for human rights and ensuring access to quality justice for all people and institutions, both for claiming or defending rights, with the confidence of being attended in an impartial, legitimate, and transparent judicial process. Through a study structured into four chapters, the work reviews the objectives of SDG 16, the guarantees it defends, the research methodology used, an informational sheet, and the connection to Sentence 23-2018 on case 23281-2015-03038 issued by the Criminal Chamber of the National Court of Justice, chosen as a case study for this analysis. In the case, the Court accepts the Extraordinary Appeal for Cassation filed by the defendant, despite weaknesses in the legal arguments of the cassation claims. The judges, under the principle of iura novit curia (the judge knows the law), fill in the gaps not addressed by the appellant and, after confronting the presumption iuris tantum, they annul the decision made in the lower court due to legal errors that wrongly convicted the defendant of a crime he couldn´t have committed. Thus ensuring that even the accused have the right to a fair trial.