La problemática de la negativa en el acceso judicial de la prueba, conforme el Código Orgánico General de Procesos.

Abstract

The implementation of the General Organic Code of Processes has brought about a change in the procedural paradigm, starting with the evidentiary opportunity, in the presentation of the lawsuit, here comes the question: How to access the evidence held by third parties? Despite the fact that article 159, paragraph 3, contemplates access to evidence held by third parties, the problem results in the application, because judges with the exception of children and adolescents, covered by article 231, numeral 4 of the Organic Code of the Judicial Function, indicate that they must attach and exhaust the instance that is to pre-constitute proof or justify that it was not possible to obtain it and attach it in the act of proposal, causing delay in the administration of justice, the best is to access the evidence held by third parties without restriction, guaranteeing effective judicial protection, that the state has with citizens. The access test has been a problem, that all those who exercise the right daily, we have noticed the difficulty because unlike the available test that can be attached to the act of proposition, the access test should be announced at the appropriate procedural moment, but the uncertainty arises when the judge denies you access to the evidence that benefits the requesting party, in my opinion it constitutes a true defenselessness that the judge leaves to the party interested in accessing the evidence in power of third parties.