La Seguridad Jurídica en la Interpretación de Contratos Estatales

Abstract

It is very common to hear about legal security in all areas of law, but also, there are those who in practice do not know the nuances of legal security. And the cause of this void is attributed to the historical ignorance on which it was based, then, they conceive it as something static, about which not much should be said but to follow or obey it. The truth is since the time of Modernity, legal security has undergone a series of circumstances that are shaping it both in the political sphere, as it was conceived in its beginnings, up to the activism of judges in their decisions; because even there legal security is present by being identified, even, as an abstract entity. This is what this article is about, making a historical sketch of how legal certainty arose up to the present time. It is necessary to rely on theoretical grounds to understand its foundations, and thus, to reveal the movements of legal security until reaching the judicial matter, in constitutional headquarters, a place par excellence where dense theoretical debates have been assorted with their implications in the own judicial praxis; to later land on some generalities about the interpretation of state contracts in terms of legal security; Therefore, this entire journey will allow us to understand how legal certainty has operated at different times in the legal-political history, where, sometimes it will be understood as a principle, sometimes it will be conceived as a value, but even, it will become specific when it must 5 refer to an express rule, both when it refers to something substantial and procedural; all this, in court, as this is the scenario that is sought in this document.