We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
La prueba de oficio en la construcción de la verdad procesal.
- Authors
HERRERA DÍAZ, JUAN CAMILO; PÉREZ RESTREPO, JULIANA
- Abstract
This paper addresses ex officio evidence as a tool to achieve the truth in judicial processes, safeguarding material justice, and, as a legal and constitutional duty of the judge, who, as director of the process, and, through sound criticism, must establish in which cases the decree of this test is necessary to remedy decisive doubts towards a decision, doubts that were not resolved by the parties, despite diligent work to bring together the means of proof that support their affirmations or denials. The objective of this article is to reflect on the ex officio test as a legal figure, through which the protection of rights is achieved in an specific case. First, the concept of 'procedural or judicial truth' is briefly described from the doctrine; second, a doctrinal and jurisprudential approach is made on the role of ex officio evidence in the judicial process; and finally, cases resolved by the Constitutional Court are described, in which due process was violated, due to the omission of the unofficial decree of the evidence. The used methodology was mainly based on documentary and jurisprudential review.
- Subjects
JUDICIAL process; CONSTITUTIONAL courts; AFFIRMATIONS (Self-help); CRITICISM; JUDICIAL elections; CONSTITUTIONALISM
- Publication
Revista de Derecho, 2021, Issue 55, p217
- ISSN
0121-8697
- Publication type
Article
- DOI
10.14482/dere.55.345