Cervantes in modern procedural law: an analysis of judicial ethics inspired by Don Quixote

Abstract

This study analyzed the influence of the ethical values in Don Quixote by Miguel de Cervantes on contemporary procedural law, focusing on the Law of Justice Courts in Cuba and extending the comparison to several Latin American countries. The objective was to examine how the principles of compassion, impartiality, and equity found in the literary work could contribute to enriching modern judicial ethics. The methodology included a review of the ethical values in Don Quixote and their correlation with current legal principles in the region. Results showed that these literary values resonate in current legislation, as seen in judicial reforms in Argentina, Mexico, Colombia, and Ecuador, which promote accessible and humane justice. It was concluded that Cervantes' work, by presenting ideals of empathetic and flexible justice, provides a humanistic vision that complements the rigorous application of the law, offering a relevant model for training judicial operators. This approach fosters an ethical and socially conscious justice aligned with the needs of communities in the Latin American context.