Before defining the meaning of this concept, we must explain what the two words with which it is constructed imply: good and faith.
Okay , from Latin bonus, is an adjective that indicates what it has goodness and that is charming, attractive, appetizing or convenient. The good person, in this sense, shows a predisposition to perform good, while good things are those that exceed the frequent or ordinary. It should be noted that the notion of good is tautological, since good is what is right and is defined in opposition to what is wrong.
Faith , on the other hand, derives from Latin fides and name the group of the beliefs of a person or a collective. Faith is also the favorable concept possessed by an individual or a thing; the trust ; and the claim that something is certain.
It is known as good faith to integrity and honesty in behavior. Who acts in good faith, does not pretend to do evil : If you make a mistake or end up damaging someone or something, it will not have been with that intention. For example: “I acted in good faith: I didn't know that the TV I sold you worked badly”, “Don't worry, my father knows that you acted in good faith and that you didn't want to complicate things”.
The notion of good faith list , on the other hand, is used in the sport To name the list of registered competitors to participate in an event: “The Uruguayan coach announced the list of good faith for the World Cup with few surprises”.
The concept in law
At right , he good faith principle It is linked to the certainty that one has regarding the truthfulness or correctness of something. Good faith requires honesty in the link with the parties involved in a contract .
When a person sells something and a contract is signed that details the characteristics and conditions of what is sold, it must not be true or attempt to deceive the buyer. It is expected, therefore, that the statement be in good faith. If an individual sells a house that has foundation problems and does not say so, he will be acting in bad faith.
It is a constitutional principle that requires the laws and public authorities of a place to presume good faith in the actions of citizens and in turn, that those who direct the course of societies act trying to do so with good intentions.
This principle occupies a fundamental place from the origins of the constitution of law and is one of the main rules that ensures security and justice. If it has committed a crimeThe jury must rely on the evidence to see if the accused has acted knowingly, that is, wishing to do wrong. Until proven otherwise, the jury must think that there has been no intention of committing a crime, relying on the good faith of the offender.
Even if everything indicates that the crime has been premeditated viciously, until proven otherwise, the jury must presume the defendant's good faith because the law requires it.
Once the evidence is presented and the defendant's bad intentions are discovered, only then, can this right be left aside and a judgment can be made according to the crime committed, the degree of presumption and other aspects that have been analyzed with special care.