La Agencia Oficiosa Procesal o Procuración Oficiosa y la pertinencia de incluirla en el Código Orgánico General de Procesos

Abstract

Abstract: The main objective of this research was to analyze the relevance of including the legal figure of the unofficial procedural agency or unofficial attorney within the Ecuadorian General Organic Code of Processes, through a study methodologically supported in a qualitative documentary approach, an interview was applied to six experts on the subject in order to extract from first source information that allows evidence of the reality of the legal framework in accordance with the need for the unofficial agency or unofficial attorney. For this, the procedural legitimacy and the unofficial procedural agency or unofficial attorney were analyzed from a doctrinal perspective and it was evidenced that, although there is the possibility of representation by a third party, there are still no duly established parameters. To the compare the procedural legislation in force in other countries in the region on the informal agency procedural or informal procurement, it was evident that there are elements in common between them, which that allows determining a proper balance in management, and finally the degree of applicability that the judges of the Guayaquil canton would identify about the agency informal procedural or informal procurement, considering that there are various scenarios where could materialize and benefit not only the person but also the State as a part main to streamline processes.