Análisis jurisprudencial del principio de formalidad condicionada en los preceptos probatorios en la acción de protección

Abstract

Abstract: This paper seeks to review the criteria issued by the Constitutional Court to address the application of the principle of conditional formality in evidence, particularly in the action for protection. The aim of the research is to identify whether judges apply this principle in protection actions without violating due process, since the constitutional procedural sphere is governed by rules different from those of the ordinary procedural system, mainly with regard to evidence. The application of this principle does not disregard or dissent from the nature and rules of the protection action, as a process cannot be dismissed for prioritizing mere formalities. A qualitative methodology was used, which allowed for the analysis of the criteria issued by the Constitutional Court of Ecuador regarding the subject matter of the study.