La valoración probatoria en segunda instancia a la luz de la inmediación procesal.

Abstract

The present investigation work consists basically in the analysis of the probative assessment in the second instance, and in turn, in delimiting the competence that the court of appeal has in its jurisdictional activity at the time of knowing and reviewing the evidence, so that it can pronounce its final decision as requested by the appellant through its claims, or indeed, if the court of appeal or second instance would have the full power to know all the facts that occurred in the first instance. On the other hand, the tests in systems like ours inexcusably require procedural immediacy, the direct perception of the judge with the evidence, is contrary to some rights embodied in the Constitution, especially orality and immediacy as one of the fundamental pillars of oral processes in Ecuador.