DA RELIGIÃO DO JURAMENTO AO JURAMENTO SECULARIZADO: CONCLUSÕES DE UM ESTUDO SOBRE A EVOLUÇÃO DO JURAMENTO PROCESSUAL NA COLÔMBIA DURANTE O SÉCULO XIX / FROM THE RELIGION OF OATH TO THE SECULAR OATH: CONCLUSIONS OF A STUDY ABOUT THE EVOLUTION OF PROCESSUAL OATH IN COLOMBIA THROUGH THE NINETEENTH CENTURY

Abstract

This paper presents the conclusions of a large research that brings new lights into the process of laicization of the judicial oath through the nineteenth century in Colombia. Based on primary (trials, rules and literature – causas célebres) and secondary sources, it’s analyzed the value of the oath as a guarantor of truth within the framework of the cultural purpose of the judicial procedure, the evolution of the oath (politically and judicially) in the modernity and the gradual passage of the religious oath to one of legal form into the Colombian judicial process. It also discusses the strong relationship between religion (both, educated and popular) and the procedural oath, all with the goal to contribute to the identification of the most important characteristics of the nineteenth-century legal culture.

Keywords

• Judicial oath
• Judicial process
• Laicization
• Religion
• Truth