¿Cómo dinamizar la carga de la prueba en el código general del proceso ?

Abstract

The Colombian legal system, through the administration of justice, tends to guarantee its citizens to go to the jurisdiction seeking a real and effective protection when their rights are violated. Among the procedural guarantees that have this burden of proof, it is a figure that attributes to the parties the rule or obligation to prove the factual assumptions of the rules, in order to demonstrate to the judge a violation of their rights. However, this figure with the different substantial and procedural changes that our Colombian legal system has presented, as outlined in Law 1564 of 2012, current General Code of Process, the burden of proof presents a power of dynamization in the head of the judge , thereby allowing to distribute that load among the parties, depending on which of them is in the best position to bring it to the process. However, this power has generated a number of interpretations in relation to what will be the assumptions that the judge will have to carry out said dynamization of the test, what are the criteria to be observed by the judge to determine said dynamization and what are its limitations.