La inversión de la carga de la prueba prevista en el Código Orgánico General de Procesos y su incidencia en el sistema judicial ecuatoriano

Abstract

Abstract: This thesis was developed using the following research methods: doctrinal-legal, analytical-synthetic, exegetical-legal, comparative, and hermeneutic-legal. These methods were employed to analyze how the reversal of the burden of proof as provided for in the Organic General Code of Proceedings impacts the guarantee of effective judicial protection within our procedural system. It was necessary to determine whether this reversal constitutes an exception to the general rule regarding the burden of proof or if its application is grounded in the theory of the dynamic burden of proof. Through a review of literature, documents, statutes, legal doctrine, and case law, the study identified the legal and procedural effects of reversing the burden of proof on the protection of the parties' rights. The findings established that this mechanism serves as an exception to the general rule in cases characterized by an asymmetry of evidence specifically regarding the availability and proximity of evidence held by the defendant and concluded that a reform is necessary to improve its interpretation and application.