ARBITRARINESS IN JUDICIAL DECISIONS IN BOLIVIA

THE PRINCIPLE OF PROHIBITION OF ARBITRARINESS

This principle requires that judicial authority be exercised within a framework of clear legal norms that limit judicial discretion. Judges may not rule based on personal preferences but must rely on legal and objective criteria. This ensures legal certainty and prevents unjust or contradictory rulings.

HOW TO IDENTIFY AN ARBITRARY JUDICIAL DECISION

According to Bolivian jurisprudence, a judicial decision is considered arbitrary when:

• It lacks proper reasoning or presents insufficient motivation.
• It is based on subjective or rhetorical assessments without evidentiary support.
• It ignores or omits relevant evidence presented during the process.
• It dismisses the parties’ arguments without valid justification.
• There is a disconnect between the proven facts and the final decision.

When any of these elements are present, the resolution may be annulled or overturned through the appropriate legal remedies.

CONSEQUENCES OF ARBITRARY JUDICIAL DECISIONS

Arbitrary rulings undermine public trust in the judiciary, create legal uncertainty, and may infringe on fundamental rights. In Bolivia, individuals affected by such decisions may file constitutional actions, appeals, or even turn to international bodies if all domestic remedies have been exhausted.

If you believe you have been the victim of an arbitrary ruling, it is crucial to seek specialized legal counsel. Our law firm is here to guide you and defend your rights in the face of any judicial irregularity.