Análisis crítico de la prueba para mejor resolver determinada en el artículo 168 del Código Orgánico General de Procesos frente al principio de imparcialidad del juzgador

Abstract

Abstract: In the Ecuadorian legal system, the adversarial model allows parties to file lawsuits and pursue their interests while respecting their rights. The inquisitorial model, which is relevant during the evidentiary stage, empowers judges to request evidence ex officio in order to clarify facts and arrive at the judicial truth. Impartiality, recognized in Article 9 of the Organic Code of the Judicial Function and rules on evidence, is complemented by Article 168 of the General Organic Code of Procedures (COGEP), which exceptionally allows the judge to request justified evidence to clarify disputes, supporting the investigation without undermining rights. This research critically analyzes the evidence for better resolution in relation to judicial impartiality, considering principles such as contradiction and initiative to prove in civil cases, their interpretive limits, and risks of abuse. It includes a comparative study with case law from Italy, Argentina, Spain, Chile, and Colombia. Methodologically, it adopts a mixed qualitative and quantitative approach with surveys of civil judges in Azogues and independent lawyers to detect inconsistencies and violations. Conclusions and recommendations will be drawn to improve the regulations, balancing the judicial function and protecting procedural rights.