Abstract

PAEZ RAMIREZ, Daniel Felipe; DOMINGUEZ MOSQUERA, Héctor Antonio  and  SAAVEDRA CALAMBAS, María Claudia. Legal Relativism. Decision-Making by the Legal Operator: Between Truth and Justice. Novum Jus [online]. 2023, vol.17, n.3, pp.134-156.  Epub Mar 14, 2024. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.3.5.

This article focuses on determining whether judges, in the interpretative stage, resort to the approach of legal relativism both in a judicial process and in the interpretation of different means of evidence. It also examines how the judge evaluates material evidentiary elements, such as documentary, testimonial, and expert evidence in an investigation, in accordance with the reasoning perspective of the administrator of justice, whose purpose is to produce a final result, which will be a judicial decision. Using a qualitative methodology - documentary review and analysis of texts in Scopus bibliographic databases - it is concluded that the justice operator, when issuing a sentence in a judicial process, does so on the basis of assumptions that, on average, are adapted to legal, epistemological and moral relativism, since a judicial decision necessarily integrates these gnoseological assumptions in a structural way.

Keywords : relativism; truth; judicial process; legal operator; law.

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