La discrecionalidad de los jueces en la valoración de la prueba, durante la sustanciación de los procesos constitucionales de acción de protección

Abstract

The present study constitutes a theoretical, bibliographical and legal analysis work on the incidence of the judge's discretion in the stage of evaluating the evidence of the protection action processes resolved in the first and second instance, caused mainly by the lack of normative and doctrinal development regarding the system of evaluation of the evidence that judges must apply. In addition, the practical effects of this discretion in the resolution of protection actions are studied based on the analysis of two real cases, whose point of reference are the sentences that the Constitutional Court has issued on the assessment between 2021 and 2022 of evidence in constitutional jurisdictional guarantees. Based on this, it seeks to establish a scheme of guidelines that should be considered by the judge when evaluating the evidence in protection actions, especially with attention to the particularities that these constitutional processes have, which were relatively formalized to guarantee protection of constitutional rights.