El derecho constitucional a la prueba y su configuración en el Código General del Proceso colombiano

Identifier:  TDX:2745

Handle: https://hdl.handle.net/20.500.11797/TDX2745

Authors:  Ruiz Jaramillo, Luis Bernardo

Abstract:
The constitutional right to the test and its configuration in the General Code of the Colombian Process deals with the constitutional figure of the right to present evidence and to contest those that are alleged against him. It is a guarantee that has autonomy with respect to the due process, since it is not only intended to cover the validity of the process but also aspects of an epistemological nature. Content is also proposed to the constitutional values ​​of knowledge, justice, freedom and equality in the field of judicial evidence. In this sense, the judicial trial is found between two types of constitutional concepts, those of an epistemic nature (knowledge) and ethicopolitics (justice, freedom and equality). It also contributes to the deconstruction of categories of the theory of law applicable to the judicial trial, such as conceiving subjective right as a value. The consequence of this is to understand the test as a legal relationship rather than as a procedural charge; Even with this starting point, burdens or duties are best conceived as rules of guarantee of the constitutional right to prove