Limitaciones del sistema legal y de libre valoración probatoria para obtener la verdad procesal.

Abstract

Antecedents: The “Limitations of statutory regulations concerning evidences and the valuation of evidences to obtain the procedural truth” arises from controversial approaches on the conception of evidences and valuation of evidences; the objective of the research systematizes a doctrinal conceptual field in relation to such a thematic, complex and nuclear in the process. The methodology of the research is qualitative, a survey was applied to 40 judges to investigate their criteria on such systems, especially the sound criticism and 44 lawyers were asked about the limitations on the admissibility, practice and evaluation of the evidences. The results obtained point to sound criticism as the means of valuation of the evidences based on reason, logic, experience and the knowledge Judges consistent with the scientific contribution, free of arbitrariness. Regarding the errors in the evidence admissibility, they mentioned the errors, determined responsibilities even in the cases where evidence was insufficient as well as elements related to subjective factors to constitute the criteria of the judge. The research includes and analysis of the evidence procedure as mentioned in the COGEP and also a judgment of cassation in civil matters (extraordinary prescription for acquisition of property). It concludes with a proposal to have a correct legal approach to apply the principles for evidence valuation, not disregarding a philosophical legal political foundation as the Law cannot be detached from the social reality, adding the critical reasoning as an indispensable element to avoid irrational elements in judicial decisions.