Sobre los conceptos de justificación del enunciado probatorio de las decisions judiciales y su doble conforme

Trotti, Maria Valeria
This article analyses the concepts of justification of the proof statement included in the factual premise of the judicial decision and its double agreement, processed in two different legal instances. Both concepts are addressed from a normative viewpoint and its identification is a previous step for the analysis of two different matters dealt with in the regional and local jurisprudence. Firstly, it allows to critically review the jurisprudence of the Inter-American Court of Human Rights related to the motivation of proof statement included in the decision taken by a jury in a criminal case. Secondly, these concepts are relevant to analyses the appeal judicial instance’s higher or lower capacity of reasoning regarding the justification of this type of statements. This last aspect is addressed based on certain jurisprudence produced by the Tribunal Superior de Justicia de Cordoba, Argentina ​
This document is licensed under a Creative Commons:Attribution - Non commercial - No Derivate Works (by-nc-nd) Creative Commons by-nc-nd4.0