Theory of legal facts and the truth: an approach to the teleological link between truth and facts

Abstract

This paper aims to analyze the im­portance of evidence and truth in the theory of legal facts. As the cornerstone of Pontes de Miranda’s theory, facts are the nerve center of the existence of Law. Since incidence and appli­cation of Law are different legal phenomena and must be aligned in concrete cases, it is correct to say that facts are relevant even from a decision and judgement perspective, in the sense that facts presented in a ruling and what has actually happened in reality shall be aligned in order to consider that Law was fairly employed in a case. In order to accomplish this aim, the work will investigate how the work of Pontes de Miranda and Marcos Bernardes de Mello relates to facts, truth and evidence.