No Convictions about the Future. Remarks on “Evidence without conviction: standards of evidence and due process” by Jordi Ferrer regarding precautionary evidence

Abstract

The work focuses on analyzing the proposal of evidentiary stand- ards made by Jordi Ferrer in the year 2021, with a view to understanding judicial decisions in the precautionary field. It seeks to provoke a discussion regarding the use of the theoretical arsenal of the rational theory of evidence, in the context of the production of judicial resolutions adjudicating a precautionary request. The precautionary evidentiary context is analyzed, as well as the need to face and resolve the future, as well as the production of errors in the precautionary field, such as the relationship between the precautionary error and the errors called substantive in the procedure.