JUEZ, PROCESO Y JUSTICIA

Abstract

According to the author of this work, there is nothing authoritarian in saying that the instrumental nature of procedure is not derived from the interests of the parties and their individual rights, but from the State and its ends. Th at is, observance of the law is in the interests of the State, since true social peace is only achieved with correct enactment of the essential rules for people’s coexistence. Th e closer judicial protection is to the will of substantive law, the closer it will be to true social peace.
Th erefore, the intransigent defence of judicial inertia regarding evidence, made by part of the doctrine, is not acceptable. If the aim of judicial activity is to maintain the integrity of the legal system, the judicial body must make every possible eff ort to achieve this. Only when that happens will the courts have fulfi lled their social function. And, as the result of evidence is, in most cases, a decisive factor for the court’s conclusion, the court should assume an active position on this, not merely analysing the information provided by the parties but rather, when deemed necessary, actively seeking it. Th is does not mean however that there are not limits to such action, such as the objective elements to the lawsuit.