THE BURDEN OF PROOF: LOAD OF ALLEGATION, PRODUCTION LOAD, BURDEN OF PERSUASION

Abstract

The burden of proof not only operates in the procedural plane but have different functions either in a procedural dimension and an extra procedural dimension. In the first dimension is configured as an informant early in the process, or as a rule of procedural treatment, as an evidentiary rule and finally as the rule of judgment. In the latter function, it is called burden of persuasion, which contradictorily has not been developed, and it is precisely what gives meaning to what has been done through loads of allegation and proof production. The import of the burden of persuasion is remarkable to explain the content of abductive reasoning and come to affirm the truth or falsity of a proposition on the arguments of the parties.