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