The probative dimension of the contradictory as an instrument of epistemic control

Abstract

The present research aims to establish some reflections arising from the flows and influxes that are established within the procedural legal situation between acts of evidence and the contradictory, aiming to contribute to the due criminal decision of an eminently constitutional nature. The issue raised questions the extent to which the contradictory, as long as it is enhanced and limited to its non-civilist matrix, can serve as an instrument of epistemic control of the evidentiary elements capable of being valued in decision-making. The hypothesis investigated indicates that this filtering function can and should be exercised by one of the founding principles of the process, expelling away from the procedural system that which has not achieved its maximum power, as a way of improving the accusatory system. To this end, a hypothetical-deductive approach method was adopted, basing the research technique on a bibliographic and exploratory type.