Current worldview of orality in the adversarial criminal justice system from the perspective of the communication theory

Abstract

This paper addresses the importance of orality in the current adversarial system of Colombia. From the perspective of the communication theory, this issue can be analyzed from the following perceptions: pedagogical, linguistic and legal, to achieve a healthy conceptual symmetry after analyzing the different roles that this theory can accomplish, not only as a guiding principle of the criminal process, but as competence, element of the communication process, and, of course, articulating component of procedural principles such as publicity, speed, contradiction and concentration. Therefore, this paper seeks for a new look of the orality and its scope on the adversarial system, because beyond the issues that it arises as a guiding principle of the criminal process, it is necessary to analyze its other nuances that –without a doubt- contribute to a better management of the legal battle.