bachelorThesis
La discrecionalidad de los jueces en la valoración de la prueba, durante la sustanciación de los procesos constitucionales de acción de protección
Fecha
2023-03-03Autor
Contreras Contreras, Verónica Estefanía
Institución
Resumen
The present study constitutes a theoretical, bibliographical and legal analysis work on the
incidence of the judge's discretion in the stage of evaluating the evidence of the protection action
processes resolved in the first and second instance, caused mainly by the lack of normative and
doctrinal development regarding the system of evaluation of the evidence that judges must apply.
In addition, the practical effects of this discretion in the resolution of protection actions are studied
based on the analysis of two real cases, whose point of reference are the sentences that the
Constitutional Court has issued on the assessment between 2021 and 2022 of evidence in
constitutional jurisdictional guarantees. Based on this, it seeks to establish a scheme of guidelines
that should be considered by the judge when evaluating the evidence in protection actions,
especially with attention to the particularities that these constitutional processes have, which were
relatively formalized to guarantee protection of constitutional rights.