🔑 The video discusses the importance of the tenth casatory plenary in civil matters.
💡 The plenary will address two key issues: the doctrine of building and the evaluation of evidence.
🔗 There is a connection between the two topics.
📄 The video discusses the topic of prova onus in court proceedings.
⚖️ The concept of prova de oficio is controversial among legal theorists.
🧪 Prova de oficio is a power attributed to judges, allowing them to initiate evidence on their own.
🔑 The video discusses the initiative of judges to incorporate new evidence in decision-making.
💡 There is a debate on whether judges should have the freedom to exercise their own initiative in gathering evidence.
⚖️ The goal is to establish clear criteria or rules for the judge's actions, in addition to those provided by the law.
🔍 The video discusses the concept of "el respeto al principio del contradictorio" as an epistemic control mechanism.
💡 The importance of seeking the truth and its connection to the judicial process is highlighted.
🌟 The project of reform is mentioned as a means to clarify certain points.
🔍 The first topic is about the search for truth in the legal system.
⚖️ The second topic is about the controversial issue of how to properly assess evidence in civil cases.
🔎 While there is a general formula for assessing evidence, specific criteria are not always provided in legislation, leading to diverse models and systems for evaluation.
🔍 Joint evaluation in judicial practice often used as a magic formula to cover up shortcomings in the evaluation of evidence and facts.
📚 Before jointly evaluating, there should be an analytical and historical evaluation of each fact and each piece of evidence.
👥 The Supreme Court is shifting towards controlling facts, not just aspects of law.
🔍 The convocation is a demonstration of the Supreme Court's orientation towards opening up spaces for the review of facts.
📝 It is a starting point for rethinking the legal process.
🙏 The hope is that this will be useful for future discussions.
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