Los efectos de la falta de comparecencia a audiencia y su afectación al principio de paridad de armas.

Abstract

The judicial process has always been a tool that people have to assert their rights. Within the framework of our constitutional State, of rights and social justice, the rights that correspond to each party, whether an actor or defendant, materialize in the right of action and contradiction respectively. A person can voluntarily decide if he wants to activate the court, in the case of civil proceedings, through the lawsuit, in which he sets out his claims. And the defendant, in turn, has the right to defend himself against these claims of the plaintiff through the exceptions that he interposes. From the foregoing, the importance of the appearance of the parties to the process is defined. Thus, the Ecuadorian civil process sanctions the non-attendance of the parties to the process, establishing an important sanction for the actor, as is the declaration of abandonment, and our current norm that is the COGEP, has innovated this figure, introducing the impossibility to submit a new lawsuit. From another angle is the defendant and the effects produced for it are more permissive, allowing late intervention, in case of delay. For the aforementioned is that the possibility of an affectation to the principle of parity of weapons or procedural equality is demarcated.