The paper examines the dispute between garantists and publicists regarding the evidentiary powers of the judge. We review the critique that associates such faculties with unacceptable political systems, criticizing and nuancing it, while trying to rescue some of Franz Klein's ideas. Then, we examine the relationship between truth as the end of the process and the publicist positions, on the one hand, and garantist on the other. The publicist arguments about the relation between truth and justice are rejected, although the idea that the garantism can not completely discard the role of the truth in the process is defended, because it is necessary for the social peace and the enjoyment by the individuals of the benefits of the existence of courts. Related to this idea, attention is drawn to certain similarities between the ideas of Klein and Gordon Tullock. It concludes with a call for attention on certain areas of arbitrariness on which garantists and publicists should worry about.
Keywords:
evidentiary powers of the judge, publicists, garantists, authoritarianism, truth, justice, goals of the process
Author Biography
Ernesto Riffo Elgueta, Universidad Católica Silva Henríquez
Riffo Elgueta, E. (2016). Truth as a goal of the process under a garantist conception. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 7(14), pp. 39–49. https://doi.org/10.5354/0719-7551.2016.44737
