La prueba para mejor resolver, conflicto con los principios y derechos previstos en la Constitución de la Republica del 2008

Abstract

The test to better resolve, which is specifically regulated in article 168 of the General Organic Code of Processes, is the central theme of the present investigation, and its study is approached from the perspective of whether between this means of evidence, the dispositive principle and the constitutional rights of the people involved in the civil process there is some contradiction. Apparently the judge's action in order to provide evidence to better resolve would affect principles such as the device, the impartiality of the judge, the right to defense, the equality of the parties, the principle of opportunity, and the right to effective judicial protection, this possibility of injury arises from the inadequate regulation of this probative means in Ecuadorian legislation. The problem in question is analyzed from a doctrinal, legal and jurisprudential perspective, which ultimately leads to the elaboration of a reform proposal that is the ultimate result of the research carried out.