La aplicación de la oralidad en el COGEP como coadyuvante del principio de celeridad procesal

Abstract

Abstract: In Ecuador, following the change in the legal system, rights ceased to be mere formal statements and became directly applicable norms. To guarantee their fulfillment, the legal system incorporated various principles, guarantees, and values. Among the principles enshrined in the Constitution of the Republic of Ecuador is that of orality, which acts not only as a procedural principle but also as part of a comprehensive system. For its proper application and functioning, it must be complemented by other principles such as procedural efficiency and economy. In this context, the following objective was set: to establish that there is no true application of orality in the processes contemplated by the COGEP (General Organic Code of Procedure), which is why the principle of procedural efficiency, which must be respected, is violated. This problem arises due to the mixed nature of the system. To achieve this objective, a literature review and field research, based on surveys, were carried out, the results of which served as the basis for the conclusions related to the violation of a fundamental right, such as legal security.