Flexibilidad probatoria como criterio para la eficiente administración de justicia en Colombia

Abstract

Evidence flexibility has been a subject of discussion in academic settings and practical, within the framework of procedural law and, to be more specific, in the distribution of burden of proof in the different jurisdictions in Colombia. In view of this, the general rule that is the static burden of proof is called into question in the judicial systems, and so the legislator has codified changes and created new figures such as the dynamic burden of proof; ex officio evidence, presumptions, etc., the courts have appealed to these, and much of the doctrine has been in their favor. That is why the purpose of this research is to speak on its theoretical-practical bases in order to know its relevance in the jurisdictional field with respect to principles such as effective judicial protection, access to evidence, the search for material truth mainly. It should be noted that the flexibility of evidence is not applicable to the attribution of the causal link to one of the parties, but is simply a tool that is materialized in several legal institutions, to make it easier to obtain and acquire evidence, Likewise, the party to whom the test was made or administered may prove that it did everything in its power to prove what was ordered, but that even then the evidence cannot be accessed.