Dificultades probatorias con el conocimiento experto en el marco del Principio de precaución en Colombia

Ropero Patarroyo, Jouline
In this work I will focus on identifying the difficulties faced by judicial and administrative officers when using expert knowledge as evidence in precautionary measures ecisions. To do this, I will firstly outline how the precautionary principle is adopted in Colombia to subsequently elucidate some problems related to the questions of what must be proven and what the standard of proof required to onsider the hypothesis as proven is. After that, I will refer to the difficulties encountered when it comes to the use of expert knowledge in these processes. From what has been stated here, I will conclude that for the Colombian case it is complex to determine what must be proven when it is intended to order precautionary measures judicially. Also, the degree of probability required to consider the existence of a danger of serious and rreversible harm is not clear. Therefore, it is desirable to set legal standards of proof, as well as criteria that would allow more objective assessment of the provided evidence. Along these lines, I will suggest a vindication of the role of the expert so that he will be the one in charge of stating and interpreting what the provided data in the process say ​
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