The Right to Proof and Its Effective Judicial Protection in Bolivia. Doctrinal Development and Its Treatment in Comparative Legislation, as Well as In the Jurisprudence of the Plurinational Constitutional Court

被引:0
|
作者
Lima, Alan E. Vargas [1 ]
机构
[1] Acad Boliviana Estudios Constituc, Secc Nacl Bolivia, Santa Cruz, Bolivia
来源
PRECEDENTE | 2022年 / 21卷
关键词
Right to Evidence; Right to Defense; Due Process; Justification; Motivation;
D O I
10.18046/prec.v21.5472
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This paper outlines the main existing doctrinal tendencies about the proof, emphasizing its configuration as a fundamental right and its manifestation in comparative constitutional jurisprudence; then it continues to briefly analyze the elements that make up the right to evidence and its scope as a substantial element of due diligence, according to its intense development in Bolivian constitutional jurisprudence. Finally, some relevant jurisprudential lines are included about the review of the assessment of the evidence in the constitutional venue, as well as the justification and motivation of the resolutions as an element of the guarantee of due diligence, according to the recent jurisprudence established by the Plurinational Constitutional Court of Bolivia.
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页码:91 / 126
页数:36
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