Carga dinámica de la prueba en el proceso civil colombiano. Análisis y propuestas en perspectiva del estado social de derecho

Abstract

A study will be presented on how the dynamic burden of proof was incorporated in Colombian civil procedure. Analysis it began as jurisprudential criteria covering the reach of the social state covered by the rule of law established in the 1991 constitution, but later became legislative with Article 167, subsection 2, of the General Procedural Code. This research allowed for an understanding of the judge's role in weighing the asymmetry of the procedural parties when establishing alleged factual situations, breaking paradigms in the realm of burden of proof, while also revealing some concerns with regards to the application of the burden shifting, such as potential risks of infringing on someone's rights to an effective judicial “tutela” and to judicial security.