Valoración de las pruebas: algunos tópicos a revisar en la cultura probatoria de nuestra jurisdicción contenciosa

Abstract

We have been reminded by a recent publication that evidence plays a relevant role in the decisions of the contentious jurisdiction in spite of the poor attention paid to it. In the praiseworthy efforts to restore it to its rightful place, nevertheless, it is wanting that the crest of the evidentiary activity ¿ the assessment of the evidence¿ continues to receive a meagre and stripped of context treatment; it is probably attributable (although not only) to the lack of culture in non strictly legal issues but that are decisive for the solution of legal problems.

Keywords

• motivation
• fact
• functions of evidence
• individual assessment and joint assessment
• judicial conviction
• rules for sound judgment