The confusing identification of the expert opinion in the colombian labor and social security process. judicial opinion or party opinion?

Abstract

The legal nature of the expert opinion may vary according to whether it is the judge who has been entrusted by the legislator with the function of deciding whether he needs the assistance of a third party for specific knowledge that he does not possess - Judicial opinion - in relation to the legal power given to the parties to provide their own opinion for evidentiary persuasion of the judge with respect to their arguments and manifestations - Opinion of a party -. It is indisputable that a judicial opinion must be foreseen for judicial proceedings of an inquisitorial nature, since in dispositive proceedings the presence of the opinion of the party is more justified, the latter, by virtue of the formal and material equality that, as a general rule, the parties may find in this type of proceedings. Thus, if the labor and social security process, due to its social structure, the legal measures must be found in the logical sense that allow workers, insured and pensioners of the social security system the full exercise of the service of access to the administration of justice, it is clear that in these judicial matters, the expert opinion must be handled both from the legal and jurisdictional point of view, as a judicial opinion and not as a party's opinion.