El derecho a la prueba en los juicios de alimentos.

Abstract

In the present thesis the concept of proof is addressed, noting that it is the demonstration of a fact by presenting evidence, which serves to demonstrate certainty of what is alleged, and also refers to the trials of maintenance, in which we must safeguard the rights of children, This is the reason why proof is so important in these trials, since it will help the judge to decide in such a way that the rights of the minor are not violated. In our legislation, precisely in the General Organic Code of Process in art. 169, fourth paragraph, it is mentioned that the burden of proof will fall on the defendant. This is how we can observe that evidence is still seen as a burden, a weight that falls on the shoulders of the defendant, the same that violates procedural principles and constitutional rights; according to doctrine and practice, evidence is a fundamental right since it is inherent to each person, which entails the responsibility that people have to use all possible means to allege the truthfulness of the material interest pursued.