The ruling “Góngora” of the Nation’s Supreme Court of Justice: Analysis from the perspective of Hans Kelsen, Ronald Dworkin and the author

Abstract

This paper deals with the analysis of the ruling “Góngora” of the Nation’s Supreme Court of Justice. The aforementioned ruling constitutes the paradigm to be followed by all judicial operators in the country in the cases in which a committed crime involving gender violence is imputed. For the analysis, two theoretical positions were opposed: Hans Kelsen’s legal positivism and Ronald Dworkin’s natural law. An approach was also made from the author’s perspective, who takes the position of natural law. It is concluded that the ruling is valid in light of the legal system, which evidences the full validity of the guidelines to be followed in cases of gender violence. Criticisms were made of the biased and paternalistic view of the sentence.