The erroneous legal category of the facts as hypothesis of breach of law: A concrete case

Authors

  • Rodrigo Morales Vidal Abogado

Abstract

The reasoning developed in the nullity ruling show that the grounds for nullity contained in Labor Code’s article 477, about breach of law that that influences the resolution of the ruling, specifically in the hypothesis of false application of law, could subsume the grounds of nullity contained in Labor Code’s article 478 c), that is the alteration of the legal category of the facts without changing the factual findings of the lower court, because the latter is merely the result of a defective legislative technique and its scope can not be differentiated from the first grounds of nullity.