The exclusionary rules of the evidence as a limit to the truth.

Analysis from a practical case

Abstract

This article adresses the problem of exclusionary rule of evidence and its eventual conflict with the truth of the facts. It is considered that although the truth experiences limits in the law, a legal reasoning that involves facts, sustains its justification in that the facts taken as true, are so. In turn, in some cases, the exclusionary rules of theevidence, although they appear to imply an immeasurable conflict with the truth, do not. In the case of judgment Number 170/22 of 3/17/22 of the Uruguayan Tribunal de lo Contencioso Administrativo, said Court ruled based on the rule of the fruit of the poisonous tree, when, in the case, the assumptions were not established for that rule to apply. The confusion is based on not distinguishing two levels of analysis: that of causality and that of normativity.