Las excepciones previas como instrumento de depuración procesal en el sistema procesal bajo el COGEP

Abstract

Abstract: Preliminary objections constitute one of the primary mechanisms for procedural vetting provided for in the Organic General Code of Processes, as they allow for the verification of compliance with procedural prerequisites and the substantial formalities necessary for the validity of the proceedings from their initial stages. This research analyzes their effectiveness as a tool for procedural vetting within the Ecuadorian procedural system, identifying areas for improvement and their relationship with legal certainty, due process, procedural celerity, and procedural economy. The study employs a qualitative approach, complemented by quantitative data obtained through a survey of practicing lawyers. Additionally, analytical, doctrinal, and jurisprudential methods are applied to examine the relevant regulations, legal doctrine, and criteria established by the National Court of Justice. The results reveal interpretive challenges in the practical application of certain objections and support a proposal aimed at strengthening their application and ensuring uniform interpretation.