THE IMPARTIAL JUDGE AND THE PROOF OF OFFICE

Abstract

It is known that the impartiality of the judge is a guarantee of due process, a guarantee enshrined both in the Constitution as in the International Law of Human Rights, but it is also known that, even focusing on Civil Procedural Law, in in our mixed procedural system the judges have certain powers in matters of evidence: evidence ex officio. This article proposes to answer and discuss about the coexistence of the duty of impartiality with the power of the judge to order evidence by his own initiative, analyzing the basis of impartiality as a guarantee in the light of the "truth", the purpose of the process, the neutrality and the own evidence ex officio.