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The Participatory Adversarial Process and the Valuation of Borrowed Evidence  [PDF]
Luiz Fernando Eng de Lima
Beijing Law Review (BLR) , 2026, DOI: 10.4236/blr.2026.171011
Abstract: The right to evidence constitutes one of the central structural axes of civil procedure in a democratic state governed by the rule of law. Although not expressly provided as an autonomous fundamental right in the Brazilian Federal Constitution of 1988, it emerges as a necessary corollary of due process of law, adversarial proceedings, the full right of defense, the inalienability of jurisdiction, and the prohibition of unlawful evidence. This article investigates the constitutional foundations of the right to evidence, the epistemological relevance of truth in civil procedure, the participatory character of adversarial proceedings under the Brazilian Code of Civil Procedure of 2015, and, finally, the systematic role of borrowed evidence as a procedural technique that promotes efficiency, cooperation, and the reasonable duration of proceedings. The research adopts a doctrinal and bibliographic methodology, grounded in specialized doctrine.
ALGUNAS CONSIDERACIONES Y PERSPECTIVAS SOBRE EL TEST DE RAZONABILIDAD: TRAS LAS HUELLAS DE LAS VíCTIMAS EN EL SISTEMA DE VERDAD, JUSTICIA Y REPARACIóN DE DERECHOS
GóMEZ-PINTO,LUIS RICARDO;
Díkaion Revista de Fundamentación Jurídica , 2011,
Abstract: the purpose of this essay is to analyze the influence that the test of proportionality of fundamental rights has on the system of reincorporation of illegal groups in the law 975 of 2005. jurisprudence and other sources of law consulted will foster an analysis of the problem upon the joint support of instruments of criminal policy and constitutional law in order to rebuild the theory with which such rules are supported in colombia. from an academic viewpoint, this will lead to tackle both the theory and criminal policy that have been applied as of today vis-à-vis law 975 of 2005 on matters of truth, justice and redress. or what it will be: the approach of a justice that seeks redress vs. a justice that seeks restoration.
Los recuerdos encubridores y la representación de la violencia en la verdad institucional: el registro fotográfico de la revista Semana de la violencia paramilitar en Colombia (1988-1989 / 1997-1999)
García-Arboleda,Juan Felipe;
Universitas Humanística , 2010,
Abstract: the aim of this work is to implement analytical tools that help to describe the institutional truth on paramilitary violence in colombia. as a case study, we have chosen the institutional truth contained in the photographic record the semana magazine published on this phenomenon during years 1988-1989 and 1997-1999. our analysis suggests this kind of records informs an institutional truth abstracting victims' suffering by using two concealing memories: 1) paramilitary violence is exerted against subversion, and 2) anonymous victims are a necessary cost to pay to win war. these concealing memories continuously repeated stimulates the social model that identifies with the primeval father and makes room for continuous scapegoating.
Finding truth in Colombia: epistemological tensions
Laly Catalina Peralta Gonzalez
Revista Opinión Jurídica , 2011,
Abstract: The purpose of this paper is to analyze the right of truth in order to elucidate the complexity and tensions involved in defining what ‘truth’ means in transitional contexts. Following this purpose, it explores the experience undergone by the women of San Carlos (Antioquia) in the Centro de Acercamiento para la Reparación y la Reconciliación.
Concealing Memories and Representation of Violence within Institutional Truth: The Photographic Record of Semana on Paramilitary Violence in Colombia (1988-1989 / 1997-1999)
Juan Felipe García-Arboleda
Universitas Humanística , 2010,
Abstract: The aim of this work is to implement analytical tools that help to describe the institutional truth on paramilitary violence in Colombia. As a case study, we have chosen the institutional truth contained in the photographic record the Semana magazine published on this phenomenon during years 1988-1989 and 1997-1999. Our analysis suggests this kind of records informs an institutional truth abstracting victims’ suffering by using two concealing memories: 1) paramilitary violence is exerted against subversion, and 2) anonymous victims are a necessary cost to pay to win war. These concealing memories continuously repeated stimulates the social model that identifies with the primeval father and makes room for continuous scapegoating.
Prosecuting International Crimes at National Level: Lessons from the Argentine ‘Truth-Finding Trials’
Elena Maculan
Utrecht Law Review , 2012,
Abstract: Truth-finding trials (juicios por la verdad) constitute a novel solution devised by the Argentine judicial system to cope with crimes committed by the past military dictatorship. This mechanism uses criminal courts as well as criminal procedure in order to investigate the truth about the dictatorship's crimes; however, the trials allow judges neither to establish criminal responsibility nor to punish the perpetrators of crimes. This limitation is due to the inability, imposed by the Full Stop and Due Obedience Laws, to prosecute the perpetrators of crimes. From the perspective of criminal law, truth-finding trials present two problematic features: firstly, their creation and regulation are set by judges, which has caused the development of many non-homogeneous local solutions and, secondly, their hybrid nature, which entails a possible subversion of conventional forms and goals in the context of the criminal trial. The paper also describes the current situation, since the Argentine impunity laws were declared unconstitutional and criminal proceedings reopened. The new framework provokes questions about the relationship between the reopened criminal trials and the truth-finding investigations, not only with regard to evidentiary issues but also with respect to the reason why the truth-finding investigations are still held. Finally, the shift from a non-punitive approach to the current full criminal accountability seems to suggest that truth-finding trials were merely a temporary solution, while the notion of the full prosecution and punishment of State crimes was never really set aside.
Direito à informa？？o e direito à vida privada: os impasses em torno do acesso aos arquivos da ditadura militar brasileira
Joffily, Mariana;
Estudos Históricos (Rio de Janeiro) , 2012, DOI: 10.1590/S0103-21862012000100009
Abstract: discussing the access to documents produced in the 1960's and 1970's by the brazilian military dictatorship, the article emphasizes some points: the nature of the democratic transition, the history of archives legislation, the characteristics of the archives of political repression. it is argued that the right to privacy, although being the element that, in practice, restricts access to part of this documentation, has not yet been the subject of public debate, due to the (apparent) incompatibility between the demands of social movements to unrestricted access to the sources of military dictatorship, at the collective level, and the protection of privacy, at the individual level.
EL DERECHO A LA VERDAD EN SITUACIONES DE POST-CONFLICTO BéLICO DE CARáCTER NO-INTERNACIONAL
González-Salzberg,Damián A;
International Law , 2008,
Abstract: this paper results from research work performed on the enforceability of the right to the truth under public international law. this paper is intented to analyze the duties undertaken by the states regarding the compliance with this specific human right after serious violations of international human rights law or international humanitarian law during non-international armed conflicts. the main purpose of this work is to demonstrate that states have no longer the discretion to handle post-conflict situations in breach of their international obligations regarding human rights.
Biblical Prophets – A Look at Truth and Life from the Other Side
Luji？, Bo？o
- , 2019, DOI: 10.31823/d.27.3.5
Abstract: Sa？etak In the article the author sought to outline the basic postulates of prophetic theology that have their general and specific value. He was led by the thought of portraying the prophets as proclaimers of God’s Word. It pulled prophets away from all previous ties. On the one hand, God’s Word has shown special power, but also impotence when the prophet had nothing except its power and human freedom. This power and impotence of God’s Word has born suffering, distress, and even persecution of certain prophets. Special emphasis is placed on prophetic demands in the socio-political, religious and cult areas where prophets were true fighters for justice and rights in a very specific historical context. Already in their own time they were true fighters for human rights (ius hominis) and the rights of people (ius gentium), but also the proponents for truth from God’s perspective. Methodologically, the author has respected the historical-critical and linguistic determinants important for understanding prophets, but the emphasis was much more placed on the biblical-theological meaning, taking into account the listeners and their area of interest
A Pragmatic View of Truth
Luiz Henrique de A. Dutra
Principia : an International Journal of Epistemology , 2004,
Abstract: This paper proposes an alternative view of the connection between knowledge and truth. Truth is traditionally seen as a semantic notion, i.e. a relation between what we say about the world and the world itself. Epistemologists and philosophers of science are therefore apt to resort to correspondence theories of truth in order to deal with the question whether our theories and beliefs are true. Correspondence theories try to define truth, but, in order to do so, they must choose a truth bearer, i.e. something capable of being true, for instance, propositions, sentences or statements. According to the analysis here proposed, none of these truth bearers can be defined without reference to the others. The pragmatic, alternative view here presented, in its turn, is unaffected by this kind of conceptual difficulty. According to this view, one must focus on the use of truth terms – such as ‘true’, ‘false’, ‘correct’, ‘appropriate’, etc. – and the methodological role such terms play in the investigative practices and research programs to be found both in the sciences and in other, everyday investigative activities, such as forensic and journalistic investigations.
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