Análisis jurídico y doctrinario del marco legal de la justicia en audiencia prevista en el Código Orgánico General de Procesos y la incorrecta aplicación del principio de transparencia basado en la celeridad

Abstract

Abstract:This study includes the legal and doctrinal analysis of the form of administration of justice in audience provided in the General Organic Code of Processes, understood as the obligation of the judge to adopt and communicate his decision orally in the same audience in the presence of the procedural subjects. Is determined the incorrect application of the principle of transparency based on celerity, configuring justice in audience as an excessive worship of the procedural principles of orality, immediacy and publicity of judicial actions, a circumstance that does not significantly contribute to the effectiveness and efficiency of the system Ecuadorian administration of justice. The study is based mainly on a comparative analysis of the non criminal procedural laws of the countries of Costa Rica, Honduras and Spain, from whose scenarios is deduced the need to reform the Ecuadorian General Organic Code of Processes, optimizing the form of administration of justice in audience, empowering the judge to issue the oral resolution at the same audience or to issue it in writing within the next five days.