Resumo

LARA CHAGOYAN, Roberto. Motivación de los hechos: reflexiones sobre las diligencias para mejor proveer. Isonomía [online]. 2011, n.35, pp.84-118. ISSN 1405-0218.

Motivation of the facts supporting a legal claim has become in recent years a subject of great consequence, especially since there is a growing tendency to shift the analysis of this subject from the traditional tools provided by General Procedural Law to those offered by an epistemológica I approach to the manner in which judges work. This paper presents a series of thoughts revolving around a type of evidence the use of which and transcend in the construction of a statement of fact through the importation of material criteria, when used by constitutional courts: evidence obtained by a judge sua sponte, this is to say, without a prior motion or request from the parties. This sort of evidence serves the same purpose which amicus curiae serve in Common Law. This paper presents a double approach to the study of this sort of evidence: the first one related to the mail principles of General Procedural Law. and the second one to certain epistemological problems. The intention of this study is to draw attention about the relevance that the use of this type of evidence may have in generating genuine conviction in judges. The author considers that even though the Mexican legal system offers this important epistemological tool to judges, it is seldom used by the judiciary.

Palavras-chave : procedural law systems; adversary and inquisitive; proof of the facts; construction of a statement of fact; judicial epistemology.