The topic that is insinuated is the result of the reflections that, in the class of the matter, the author has outlined. Leave of the historical past of the figure like a non jurisdictional instrument but political, not of the resource but of the protective instrument of a legal “abstract” norm, the legislator’s expression, ignored by the judges, ignoring the division of the calls three powers, what bore to that the cassation court didn’t belong to the judicial power but to the legislator, until arriving to the current moment, after having suffered a radical change when he/she incorporated to the judicial power, as resource, to pursue the elimination of the injustice, revising the violation to the concrete case in the non application events, when it was reasonable to make it; to apply it to the fact, when it was not governed by her; to interpret its content erroneously. When conceiving the State as Social and Democratic, Participatory, Pluralistic and respectful of the human dignity, proposals arise to reduce to the minimum the technique dedicated to the formulation of the resource that still continues being exaggerated.