Análisis jurídico, doctrinario y comparativo del testigo hostil y su incidencia en la seguridad jurídica en el Ecuador

Abstract

Abstract: The General Organic Code of Procedure, in force since May 2016, includes the legal concept of the hostile witness within the framework of testimonial evidence. This is seen as an instrument of oral litigation that makes it possible to ask leading questions to witnesses the judge considers hostile, with the aim of obtaining higher-quality information and data to clarify the facts with complete certainty. It has been demonstrated in the city of Riobamba that this legal concept has not been applied even once in judicial proceedings. Therefore, it is essential to analyze the reason for the lack of application of this valuable tool. The main reason lies in the lack of regulation of hostile witnesses in the COGEP, which, on the other hand, would violate the constitutional right to legal certainty due to the lack of prior, clear, and public regulations that can be implemented by the relevant authorities. This research project will examine, from a doctrinal, legal, and comparative perspective, both the hostile witness and the constitutional right to legal certainty. The goal is to compare them and determine whether or not this constitutional right is violated, as well as the legal impacts such a violation could have.