THE PRESUMPTIVE PROOF AND ITS USE IN LAW, DOES IT PROTECT OR NO THE CITIZEN?

Abstract

In the development of social life, its member manifests individual behaviors, in which, by the empirical or scientific knowledge they have of the law, they see that the purpose of the law is to allow social coexistence that must take place no more relevant aspects that only achieve the common good. The structure of government that is created allied to the interests of the community, which must always seek common welfare, protecting the individual in particular as well as socially, in order to safeguard their rights, heritage, family, life, health, among other rights, sanctioning the individual who has deployed actions or omissions that have injured the legal sphere of another subject integrated into the same society. In social life, we can consider various social facts that undoubtedly show us if a person is acting in accordance with the norms of law or has stopped compliance with them, to then require them to comply with them and if not, proceed to oblige them through the sanctions that would have been established, which can generate from a perspective of that subject that the sanction is unfair, although in the legal reality, it is adjusted to law. All this seems perfect, but given a presumption test that is considered in its double aspect, it is perhaps to find ourselves in an imperfect legal aspect that transcends the legal sphere of the subject, being subject to the considerations determined by the law or by the criteria from a judge