Análisis doctrinario sobre las excepciones previas establecidas en el COGEP

Abstract

Abstract: The critical analysis of the previous exceptions established in the General Organic Code of Processes (COGEP) and Resolution 12/17 of the National Court of Justice is essential to understand their implementation and propose improvements in their application in the Ecuadorian judicial system. This work examines how these regulations treat prior exceptions, differentiating between dilatory and peremptory, and their remediable and insurmountable nature. In addition, the tensions caused by the lack of clear regulation, which generates judicial discrepancies and possible abuses of discretion, are evaluated. Through a critical review and international comparison, deficiencies are identified and solutions are proposed to improve efficiency and equity in the application of these exceptions. The research is based on the hypothesis that the absence of precise guidelines in the COGEP negatively affects judicial efficiency. Through this study, reforms are sought that optimize the administration of justice, ensuring a more transparent and equitable judicial process in Ecuador, thus benefiting both justice operators and citizens involved in litigation.