Un análisis del fundamento de la declaración del testigo ocular como medio de prueba, a partir de la investigación empírica

Abstract

In this paper I intend to identify the basis of testimonial evidence. This is a particular aspect that has been neglected in procedural doctrine, which has uncritically assumed the use of this evidence with deep historical roots. Once the basis has been identified, I contrast its validity on the basis of psychological and neuroscientific research. As a result of this analysis, I conclude that the basis of the testimonial as evidence is no longer valid. Finally, I point out the consequences of this result for the jurisdictional function.