Interpretation of Statutes at Uruguay
Interpretation of Statutes in Uruguay – Overview
Uruguay follows a civil law legal system heavily influenced by the continental European tradition, particularly Spanish and Italian legal principles. Statutory interpretation is grounded in the Uruguayan Constitution, the Civil Code, and judicial precedents, with a focus on understanding the purpose and context of the law.
Legal Framework for Interpretation
Constitution of Uruguay (1967, amended)
The supreme law.
All statutes must comply with constitutional provisions.
Interpretation is guided by constitutional rights and principles.
Uruguayan Civil Code
Contains fundamental rules on legal interpretation.
Articles related to interpretation emphasize the intent of the legislator and the literal meaning of the text.
Code of Civil Procedure and other sectoral laws
Provide additional guidelines on interpretation in specific areas.
Jurisprudence
Although civil law countries rely less on precedent, Uruguayan courts, particularly the Supreme Court, use past decisions to guide interpretation.
Principles of Statutory Interpretation
1. Literal (Textual) Interpretation
Starting point is the ordinary and natural meaning of the words.
Clear and unambiguous texts are applied as written.
2. Systematic Interpretation
Laws are interpreted in harmony with the entire legal system.
Consideration of related laws and legal principles.
3. Teleological (Purposive) Interpretation
Focuses on the purpose and objectives behind the statute.
Used especially when language is ambiguous or unclear.
4. Historical Interpretation
Consideration of legislative history, including preparatory works and official explanations.
Additional Principles
Presumption of Constitutionality
Statutes are presumed constitutional unless proven otherwise.
Strict Interpretation of Penal Laws
Penal and restrictive laws are interpreted narrowly.
Use of Legal Doctrine
Academic writings and legal commentaries influence judicial interpretation.
Role of Courts
The Supreme Court of Uruguay is the highest authority for interpretation.
Courts seek consistency and fairness while respecting legislative intent.
Judicial decisions, while not binding precedent, serve as important guidance.
Summary
Statutory interpretation in Uruguay:
Follows a civil law tradition with emphasis on literal, systematic, purposive, and historical methods.
Guided by the Constitution and Civil Code.
Supported by jurisprudence and legal scholarship.
Presumes constitutionality and narrowly construes penal laws.
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