El derecho a la valoración de la prueba como parte integrante de la tutela judicial efectiva.

Abstract

The purpose of this academic document is to explain the evaluation of the evidence by the judge, in the Ecuadorian no criminal system, in this regard there is a double consideration, those who argue that only the evidence that were useful to make the decision of the case should be valued, and those who are in a contrary position, maintaining that it is a duty of the judge to assess all the evidence practiced. In the last paragraph of article 115 of the Código de Procedimiento Civil 2005, it was provided that the judge should assess all the evidence, however with the new Código Orgánico General de Procesos, article 164, it was established that the judge has a discretionary power about the evaluation of the evidence practiced, stating in the judgment only those tests that were useful to make the decision of the case, so there could be cases that the judge does not act objectively and violates the Right to Defense of the parties and therefore to the effective legal proteccion.