The right to the evidence as fundamental right
DOI:
https://doi.org/10.17533/udea.esde.2552Keywords:
right to the evidence, fundamental right and subjective right, fundamental rights limits, right to the evidence development, securing, obtaining and valuation of the evidence, exclusion rule of the evidenceAbstract
The right to the evidence is fundamental not only because it is inherent in the nature of the human person, but because it come across the constitutional text among those rights that have such as quality and are reinforced by means of diverse constitutional mechanisms of protection. The essential content of the right to the evidence consists in the person’s possibility of using all means available to convince the judge on the truth of the persecuted material interest. In addition, it cannot expands until devastating the other fundamental rights because it is either a person’s instrument and also a subjective right that can be demand to the judge which object is an action or an omission during the probatory activity. Even in its connection with the right to the access to justice, it can be an economic benefit in pursuit of its operating effectiveness in all type of judicial or extra judicial process.
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