La preclusión en materia de prueba nueva.

Abstract

With the promulgation of the General Organic Code of Processes, in the field of legal practice, there have been several changes in the structure of judicial processes, especially in the area of civil matters. The preclusion principle plays a fundamental role when implementing the figure of the new evidence, since thanks to this principle there are procedural phases, which serve to differentiate at what procedural moment the evidence has to be presented or in this case in particular the new test. The problem that occurs the facts of the new evidence with the power of the judge to use sound criticism as the means to decide whether said evidence can be accepted or not, is that if the decision of the judge can leave the parties defenseless by the reason that does not make an exhaustive probative assessment, all this can violate constitutional principles, such as defense.