La idoneidad de la prueba testimonial al amparo del proceso oral como medio para la búsqueda de la verdad.

Abstract

The present work raised as a fundamental objective to highlight the importance of the oral process with regard to the production of the testimonial evidence, taking into consideration that it, before the validity of the General Organic Code of Processes, started from a list of questions in a sealed envelope, so that the Judge is the one who, as a questionnaire, formulates the questions raised to the witness. In this investigation, the characteristics of the principle of orality in accordance with the COGEP were deepened, the implementation of orality tools for the evacuation of testimonial evidence, carrying out the maximum expression of the right to contraction as part of the right to the defense, as well as being able to contrast the truth of the facts against the interrogation and against interrogation, the principle of immediacy, where the questions will be raised to the extent that the witness gives his testimony; analyzed from the critical and scientific thinking of writers of great experience worldwide. It was possible to identify the great importance of testimonial evidence within the Civil process; and, its positive consequences, for the Judge, when making a decision within a civil case. The relevance of the principle of orality in the testimonial evidence within the Civil process was identified through semi-structured interviews with actors in the field of law, which yielded important results that allowed us to meet the objectives with which we began this scientific work as a contribution to The academy.