Legalidad de la prueba y la exclusión

Abstract

The principles, within the Colombian legal system, are considered as norms of immediate application, for the role they play in the protection of fundamental and constitutional guarantees to citizens. In this sense, they are precepts against which one cannot be indifferent, especially when dealing with the actions of a judicial or administrative authority, since their activities are regulated by legal requirements, which must always support such actions. This is how we arrive at the principle of legality or duty of justification of administrative action in previous normative precepts. In this sense, the principle of legality guarantees in the process that all stages are met in accordance with what is legally established, a situation that involves, as is logical, the evidentiary stage both in obtaining the evidence and in its incorporation into the process; these stages are expressly regulated, and the lack of those guidelines or the violation of rights and fundamental guarantees during their execution are sufficient reason to invalidate and exclude the evidence of the process as sanction for its illegality.