New facts in the first and second instance in accordance with the General Organic Code of Processes

Abstract

The problem arises after the need to establish a procedure in which the substantiation of new facts in the General Organic Code of Processes is unified, both in the first and second instance. Therefore, in our legal system the form of its application and the procedure for new facts are not clearly established, giving them the processing of new evidence or new evidence, using for their assessment, the criterion of sound criticism on the part of of the judges. The legal figure of new facts fits into the knowledge procedures, in accordance with the guidelines of the General Organic Code of Processes, which can be fundamental for the judge when issuing his sentence; as long as they are raised correctly and at the corresponding procedural stage. Guaranteeing the application of new facts in the first instance, in an agile and effective manner by the procedural parties, without violating the fundamental rights established in our Constitution, the need to be known by the Judges of the Provincial Court of Justice would be a voided. avoiding the wear and tear of human and material resources. The method that will be applied in the research is mixed; that is, quantitative and qualitative, which will allow us to obtain an analysis and synthesis of the problem, obtaining close and realistic data, with the use of field research, directing the research to the training of legal professionals, seeking a better application and interpretation of the problem addressed.