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For the correct application of any legal norm, it is necessary to clarify all the elements susceptible to interpretation, and when there are gaps in the law or violations of the fundamental law of a state or of the provisions of international documents to which a country is a party, the intervention of the legislator is necessary for remedying these aspects. For these reasons, in the present scientific approach we aimed to analyze some aspects of essential importance of the new formula fordoi:10.36348/sijlcj.2020.v03i09.004 fatcat:crqdv7q3z5akvjvtaoyfqffvw4