TECNOACTIVISMO PROBATORIO: ENTRE LA BúSQUEDA DE LA VERDAD Y EL RESGUARDO...

This work aims to identify what the procedural current that has come to be called technoactivism consists of, how it has been expanding in practice and how it plays within the essential postulates of evidentiary law. Fundamentally, and on the basis that many judges have been adopting a technoactivis...

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Autor principal: Quadri, Gabriel H.
Formato: Artículo publishedVersion
Lenguaje:Español
Publicado: Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones 2022
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Acceso en línea:http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_7374
https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_7374.dir/7374.PDF
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Sumario:This work aims to identify what the procedural current that has come to be called technoactivism consists of, how it has been expanding in practice and how it plays within the essential postulates of evidentiary law. Fundamentally, and on the basis that many judges have been adopting a technoactivist position in recent times, we will try to determine how this impacts on the question of ex officio evidence, on the exercise of the right of defense in trial and how it is contextualized with some fundamental evidentiary principles, such as the need for evidence and the specificity of evidentiary means. The purpose of the work is - taking for granted the adoption of techno-activist positions in judicial practice - to deepen the contextualization of this current with several of the fundamental institutes of evidentiary law, clarifying that - without prejudice to any specific reference to the criminal field - these reflections operate in the field of civil, commercial and related processes (family, labor, administrative litigation, etc.)