Before defining the meaning of this concept, we must explain what the two words with which it is constructed imply: good and faith.
Well, from the Latin bonus, it is an adjective that indicates that which has goodness and that is charming, attractive, appetizing or convenient. The good person, in this sense, shows a predisposition to do 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 good and is defined in opposition to what is bad.
According to DigoPaul, faith, on the other hand, derives from the Latin fides and names the group of beliefs of a person or a community. Faith is also the favorable concept that one has of an individual or of a thing; the trust; and the statement that something is certain.
It is known as good faith to the integrity and honesty in behavior. Whoever acts in good faith does not intend to do wrong: if he makes a mistake or ends up harming someone or something, it will not have been with that intention. For example: “I acted in good faith: I did not know that the television I sold you was working badly”, “Don’t worry, my father knows that you acted in good faith and that you did not want to complicate things. “
The notion of a bona fide roster, on the other hand, is used in sport to name the list of registered competitors to participate in an event: “The Uruguayan coach announced the bona fide roster for the World Cup with few surprises. “
The concept in law
In law, the principle of good faith is linked to the certainty that one has regarding the veracity or correctness of something. Good faith requires honesty in the relationship 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 was sold, they should not be untrue or try to deceive the buyer. Therefore, it is expected that the statement is in good faith. If an individual sells a house that has a foundation problem and does not say so, they are 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 guide the course of societies act trying to do so with good intentions.
This principle occupies a fundamental place since the origins of the constitution of law and is one of the main rules that ensures security and justice. If a crime has been committed, the jury must rely on the evidence to check whether the accused acted knowingly, that is, by wanting to do wrong. Until the contrary is proven, the jury must think that there has been no intention to commit a crime, relying on the good faith of the offender.
Even if everything indicates that the crime has been viciously premeditated, until the contrary is proven, the jury must presume the good faith of the accused because the law requires it.
Once the evidence is presented and the bad intentions of the accused are discovered, only then can this right be set aside and a sentence can be carried out according to the crime committed, the degree of presumption and other aspects that have been analyzed with special care.