La preclusión de prueba nueva y la sana critica del juez para admitirla al proceso.

Abstract

In the constant legal and procedural advance that addresses the Latin American systems, our legal framework in procedural matters has evolved from a written system to an oral one, also including several legal figures that were not previously foreseen. All this accumulation of innovations has directly influenced the times, forms and ways of how the different judicial cases are substantiated, therefore, a series of provisions that the repealed code has been forging since the validity of the General Organic Code of Process of civil procedure did not foresee, that is, the new evidence. Thus, the inclusion of this legal figure, which seeks to safeguard the procedural truth, adding a scenario where a new announcement of evidence that has not been known at the time, and therefore, is admitted to the process, with the sole purpose of leading the judge to conviction beyond all reasonable doubt. However, this favorable prerogative has not developed its scope or restrictive guidelines that comply with the procedural parties, having the certainty that there is legal security for the admission or not of the same at the time of using sound criticism. Obviously, the right of motivation, defense and legal security is weakened.