Abstract

The subject of the truth in the judicial process has acquired recent importance in the country; it is related to if in that scene the judge must and can obtain the truth, which surpasses the probatory field and the legal one, to concentrate in the philosophical land. On the subject theoretical positions exist that guarantee or deny the possibility of finding the truth. On the matter, the constitutional jurisprudence has inclined by the second position. In spite of this unamimity, a strong tension in this jurisprudence exists especially, regarding the relation truth - which had process, on if a “truth is due to look for at all costs” or a subject truth to certain limits. Fruit of this tension is the debate on the test prohibited in the process. In any case, it is precise to characterize the truth obtained in the process, since the constitutional jurisprudence seemed to incline by an absolute and historical truth.

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