Prevarication and the jurisprudential doctrine of the Supreme Court (1870-1978)

Abstract

Prevarication is one of the most consolidated crimes in the history of our criminal legislation, but -as we have been able to verify- without a considerable historical trajectory in our jurisprudential doctrine of the Supreme Court. It is, however, a notable criminal figure since we are talking about crimes with a fixed addressee: the public official. And hence, precisely, we must highlight its significance, since the criminalized conducts would affect the essence of the public service, from the issuance of an unjust resolution. Thus, we present the historical evolution, the elements and the protected legal right in administrative and judicial prevarication, to then delve into all the jurisprudence collected during the period covered by our research (1870-1978), finally, reflecting the results obtained.