La proposición de la prueba digital y su impugnación en el proceso laboral

Abstract

Digital evidence constitutes a source by which a series of relevant data is made known to the judge through one of the means of proof established by law. lts proposition in digital format requires the availability of the instruments. They make it possible to know the disputed fact from which the parties intend to obtain a legal consequence. There are different legal mechanisms to avoid manipulating this source of evidence. The possibility of requesting the prior exhibition of the continental device or preventive measures helps. On the other hand, to ascertain the certainty of this type of evidence, bidding the complementary practice of different means of proof is advisable. The computer expert's report stands out, which will shed light on the elements that are not accessible at first sight. Finally, it is essential to be aware of the possibilities of chaflenging this evidence at the initial moment or at the hearing, which is where, in general, all the details that distinguish it will be revealed.