La prueba y la valoración por parte del juez en el proceso no penal.

Abstract

As a part of the procedural law, there is the parto of the law that describe the formalities and the rules that the judges are compeled tu appreciate, to analice of the evidence as well as the demostration of the system of the reasoned judgment, being a system without a development, implies in some cases absolute discretion of judges when they start to appreciate, to reason aboutl the evidence thar parties present to them. The objective of the present investigation is to settle the parameters in the appreciation of the evidence through the reasoned judgment. The design of the present investigation is cualitative thar unites the historic, doctrinal and compared juridic methods. In 2003, the Supreme Court of Justice made a detailed explanation of the reasoned judgement system, however it miss the explaining of what are all these rules of relevance thar the judge has to make when it takes its decisition, that’s because the Supreme Court only makes a reference to the rules of logic saying that the freedom in the appreciation of evidence finds its limit in the laws of thought.These parameters are only enunciated but not developed and they do not clarify the situacion of the activity when jdges appreciate evidence. In conclution evidence law suffer a lot of changes in the system of the evidence appreciation. The Supreme Court of Justice has enunciated the elements that belongs to the reasoned judgement however it not develop them and it is necessary ask for a motivation between the relationship of subjet and object known in the trial.