La causalidad y normatividad en la prueba tributaria: reflexiones a partir de las reglas de exclusión probatoria
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This article addresses the problem of the exclusionary rule when applied to the case of tax evidence. It emphasizes that, given that Tax Administrations develop procedures for obtaining evidence for those who enjoy special prerogatives that individuals do not have, it is necessary to distinguish between causation and the normativity of evidence. Based on the concepts of consti-tutive and institutional rules and on the distinction between action and description of the action, I conclude that the same evidentiary fact can be licit or illicit evidence depending on the institu-tional framework in which it is inserted and that it is necessary to distinguish causal connection from normative connection (the latter understood as something different from the connection of illegality that dogmatics and jurisprudence constructed)