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Novum Jus
Print version ISSN 1692-6013On-line version ISSN 2500-8692
Abstract
BELLO RENGIFO, CARLOS SIMÓN. TRUTH AND FLAGRANCY. Novum Jus [online]. 2022, vol.16, n.1, pp.67-97. Epub Nov 20, 2022. ISSN 1692-6013. https://doi.org/10.14718/novumjus.2022.16.1.4.
Philosophers and jurists have meditated about general truth from ancient Greece to the present. Establishing the truth of the facts is one of the objectives of procedural laws-thus making it a relevant legal issue-yet the knowledge of facts was not always given the same importance as today, especially since it was believed that magic or rites could be used to discover it. However, the rationalization of law and the demand for forms that respect human rights restore the normative importance of the theme of truth. This paper aims to present the most appropriate epistemological model for discovering the truth according to the values and purposes of modern criminal law and its application to flagrancy in comparative law. Moderate realism is the proposed option.
Keywords : perception; epistemology; induction; deduction; semantics.