The Significance of the Tenth Civil En Banc Plenary Session in Peru
Luis Alfaro discusses the importance of the tenth civil en banc plenary session in Peru, focusing on building permits and evidence evaluation.
00:00:03 Luis Alfaro discusses the importance of the tenth civil en banc plenary session in Peru, focusing on the topics of building permits and evidence evaluation.
🔑 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.
00:01:13 This video discusses the plenary case law in civil matters and the controversy surrounding the judge's power to initiate evidence.
📄 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.
00:02:23 This video discusses the El X Pleno Casatorio Civil and the debate surrounding the judge's authority to introduce new evidence.
🔑 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.
00:03:32 Understanding the principle of contradiction is crucial in the X Civil Plenary. It serves as an epistemic control mechanism in the pursuit of truth.
🔍 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.
00:04:41 The X Full Civil Casatory: Searching for truth and resolving the controversial issue of valuation in civil proceedings with a focus on rationality.
🔍 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.
00:05:49 The video discusses the importance of a holistic analysis of evidence in judicial practices and highlights the Supreme Court's shift towards fact-based decision making.
🔍 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.
00:07:00 Luis Alfaro discusses the opening of possibilities for reviewing control of facts in the El X Pleno Casatorio Civil.
🔍 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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