I imagine they are talking about the presumption of law.

presuncional, according to Robb is "pressumptive"

presumption (der.) presunción Simon Schuster International dictionary

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Note added at 2002-07-16 21:34:19 (GMT)
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It is obvious that the proponent is alleging the legal presumption besides appealing to the Court on a humanitarian basis.

So much for the first part... Assumption on legal grounds is correct, but I have doubts with regard to "humanitarian" without any context.

Presunción humana = presumption of fact, according to:
Javier Becerra
Diccionario de Terminología Jurídica Mexicana

This is by way of setting the glossary straight

After some research, I have come to find out that these two terms refer to two different types of "presumptions" in the legal field.

Presuncional legal- the English equivalent would be "legal presumption" which is a conclusion based upon a particular set of facts, combined with established laws, logic or reasoning. It is a rule of law which allowing a court to assume a fact is true until it is rebutted by the greater weiht (preponderance) of the evidence against it.

Examples of legal presumptions, among others, include:

A child born of a husband and wife living together is presumed to be the natural child of the husband.
A person who has disappeared and not been heard from for seven years is presumed to be dead.

Presuncional humana on the other hand would be equivalent to "a presumption of fact"
A legal presumption is distinguished from a presumption of fact, which is an argument of a fact from a fact; an inference as to drawn regarding an unknown fact based upon a known fact. This inference may derive from a past history of their connection; assuming the truth or real existence of something despite a lack of direct or positive proof of the fact, but grounded on circumstantial or probable evidence which makes it believable.


The distinction between a presumption of law and a presumption of fact is defined in Vol. 9, Ency. of Evidence, 882, as follows:

"The distinction usually drawn between these two classes of presumptions is that a presumption of law is an arbitrary rule of law that when a certain fact or facts appear a certain other fact is, for the purposes of the case, deemed to be established, either conclusively or until contrary evidence is introduced; while a presumption of fact is merely a logical inference or conclusion which the trier of the facts is at liberty to draw or refuse to draw."

Hope this helps