Análisis Jurídico de la Valoración Probatoria en el Recurso de Casación

Abstract

The present investigation will analyze the inadmissibility of the cassation appeal, which lacks an in-depth review of the charges presented by the appellant, which is attributed to a fact of inequity and attack to the right of access to justice, together with the guarantee of an effective judicial protection, therefore, it is necessary to analyze the contradictions between the prohibitions and powers emanating from the law for the judges of the National Court of Justice, in relation to the cassation appeal filed due to an error of sound criticism in the evaluation of evidence. Consequently, through the study of the writs and sentences, it can be evidenced that the contradictions regarding the provenance of the evidentiary assessment in the appeal are mainly due to the lack of understanding of this method of assessment. To demonstrate this assertion, a theoretical and practical explanation is given that allows understand the foundations of the Sana Critica through comparative law, considering that it is the inadequacy of the system and not the public essence of the appeal as it is usually argued, which prevents the knowledge of the evidentiary errors of fact in the appeal in cassation.