THE NORMATIVE PREDETERMINATION OFTHE STANDARDS OF PROOF (A DERIVATIVE OF LEGAL CERTAINTY)

Much has been written about the existence and formulation of different standards of proof, both in civil and criminal proceedings. However, one point on which it is worth deepening into is that of the normative anchor of those standards. The issue presents interesting and problematic trims while in the legislation the test standards are not always predetermined. The individualization and cognizability of the standard thus becomes a previous question on which it is necessary to reflect, before analyzing how a particular evidentiary standard is applied. The recognition of judicial standard before the jurisdictional decision favors legal certainty and allows the control of judicial decisions.