La necesidad de reformar el Art. 256 del Código Orgánico General de Procesos, en lo referente a conceder el recurso de apelación sobre autos de sustanciación

Abstract

Abstract: Throughout the history of law, the vision that has been given to the Appeal has evolved, regardless of understanding that only from the point of view of the effects sought through its filing, we recognize that we are facing the same institute. In the Roman procedure, the "iudex" designates the person in charge of objectively and impartially deciding a conflict submitted to his decision, generally by order of the parties. The Royal Spanish Academy of Language defines the meaning of appealing as "appealing to the superior judge or court to revoke a resolution given by the inferior". Despite being a simple official linguistic definition, it contains the essence of the legal appeal. In the evolution of the law, the appeal was established as a way to avoid unfair, biased rulings and sentences or that have a subjective nature outside the express norm, in addition to safeguarding the right to defense in several successive steps. It being understood that, when appealing the decision of a first instance judge, in the second instance made up of a court, the search for justice may be continued, for any of the parties involved in the Litis. In the case of our country, the General Organic Code of Processes contemplates this right in art. 256 and the entire chapter III. It is necessary to carry out a reform within the COGEP regulations since with the data extracted from the present investigation it was found that by not having within the COGEP the possibility of appealing the substantiation orders, rights that must be protected are violated. the judge as a guarantor of rights, a fact that gives prominence and importance to the proposed topic given that it is topical and that in turn generates a better structuring of the internal regulations. 4 In the present work the methods were applied: analytical, statistical, as well as field and bibliographical sources; This work is descriptive, qualitative-quantitative and explanatory. His line of research is Challenges, perspectives, and improvement of Legal Sciences in Ecuador. The Ecuadorian legal system, historical, theoretical, philosophical, and constitutional assumptions. From the investigation, it was possible to draft and propose the draft reform law to the COGEP regarding the right to appeal the substantiation orders.