Motivación de los hechos

reflexiones sobre las diligencias para mejor proveer

Abstract

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 at-tention about the relevance that the use of this type of evidence may have in ge-nerating 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.