La casación y su finalidad uniformadora sobre decisiones para la ejecución de una sentencia.

Abstract

Cassation is an extraordinary appeal that is filed against the final judgments that end the process when they are enforceable, which makes this an extraordinary appeal. Beyond being extraordinary, it has a double purpose, a private one, proper to the person to whom the final judgment did not favor, and it also has a public purpose that is to ensure the correct application of the law, being an extraordinary remedy, for its filing, all other ordinary remedies must be previously exhausted, so, It is common for cassation to be filed against decisions of last instance, however, normatively it is possible that it is filed before a decision issued in the first instance, in consideration of this, through a qualitative methodology; in this work, I will have the main objective of analyzing the cassation appeal and its unifying purpose, in all cases, with greater emphasis on the decisions of the first instance where the filing of this appeal is appropriate, that is, when the final judgment is already being enforced and at that stage decisions are made regarding its execution. The purpose of this article and the expected result is to demonstrate what the public purpose is even when the judgment of merit is not the one that is sought to be married, but a decision regarding the execution of the same, in order to conclude with the importance of this remedy in the correct application of the rule, safeguarding people's rights.