La iniciativa probatoria del juez como herramienta para la obtención de certeza jurídica al dictar setencias.

Abstract

The main purpose of the present investigation is to outline the benefits of the process, the various attributions that have been granted to judges with the reform of our civil procedural rules through the issuance of the General Organic Code of Processes, in which they obtain a more active role in the process, allowing them, among other things, to order ex officio the evidence they deem necessary for the clarification of the truth, which is the main theme of this work. Carrying out an in-depth analysis of the doctrinaires with positions for and against this so-called activist judge that is in some way contrasted with the foundations of the well-known device principle that is covered in our Magna Carta; we will seek to find the necessary foundations that demonstrate the need to leave behind the figure of an "absentee" judge who is limited to doing what the parties request and to pass to a more active judge in the process in which he does not seek clarification of the truth of facts that affirm the parties but the search for certainty necessary to dictate sentences or resolutions.