El principio de igualdad de armas: un análisis conceptual

Abstract

The principle of equality of arms is an essential optimization requirement, which requires that “each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a disadvantage vis-à-vis his opponent”. This procedural figure, notwithstanding, has not been studied deeply and seriously in Colombian doctrine and jurisprudence despite its evident importance. The aforementioned situation has allowed an irresponsible and mistaken use of this concept and that is the reason why this article arises, which aims, without pretending to be exhaustive, to give a greater clarity about this optimization requirement, starting with a study about its antecedents, going through the analysis of its essential features, the reference to different positions about its basis, definition, content and scope, its differentiation with other rights and principles and the reference to some categories developed at the international jurisdiction that are relevant to achieve a full understanding of it. Subsequently, it will be possible to open an organized debate on this procedural figure in order to make viable an optimized and responsible use of this concept.