Resumo

HERRERA DIAZ, Juan Camilo  e  PEREZ RESTREPO, Juliana. The Ex Officio Test in the Construction of the Procedural Truth. Rev. Derecho [online]. 2021, n.55, pp.217-234.  Epub 18-Jan-2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.55.345.

This paper addresses ex officio evidence as a tool to achieve the truth in judicial processes, safeguarding material justice, and, as a legal and constitutional duty of the judge, who, as director of the process, and, through sound criticism, must establish in which cases the decree of this test is necessary to remedy decisive doubts towards a decision, doubts that were not resolved by the parties, despite diligent work to bring together the means of proof that support their affirmations or denials. The objective of this article is to reflect on the ex officio test as a legal figure, through which the protection of rights is achieved in an specific case. First, the concept of 'procedural or judicial truth' is briefly described from the doctrine; second, a doctrinal and jurisprudential approach is made on the role of ex officio evidence in the judicial process; and finally, cases resolved by the Constitutional Court are described, in which due process was violated, due to the omission of the unofficial decree of the evidence. The used methodology was mainly based on documentary and jurisprudential review.

Palavras-chave : Due process of evidence; factual defect; material justice; ex officio evidence; truth of the facts; procedural truth.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )