THE PREVALENCE OF LEGAL CERTAINTY WITHIN THE SCOPE OF FAIR TRIAL: POSSIBILITY OF MITIGATION OF PRECLUSION IN FAVOR OF THE FUNDAMENTAL RIGHT TO PROOF

Abstract

The purpose of this study is to examine the constitutional status of the right to proof, as well as its prevalence in relation to infra-constitutional legislation, especially in view of the procedural norms of preclusion. It is intended to demonstrate that, through mitigation of the application of the preclusive institute, the process becomes more effective and secure, guaranteeing, in the end, a decision of merit that translates the best sense of justice.

Keywords

• contradictory
• effectiveness
• fair trial
• fundamental right to proof
• full defense
• legal certainty
• preclusion
• fair process