Las presunciones judiciales como forma de resolver los procesos regidos por el COGEP.

Abstract

This research paper studies the Judicial Presumptions as a way to resolve the processes governed by COGEP, analyzing the regulatory deficit presented by the rule that configures the judicial presumption as a conjectural method of resolving disputes, examining the presumptions as background judicial decisions and developing the syntactic ambiguity of article 172 of COGEP; through the fulfillment of the general objective and the specific objectives, making a proposal of reform to the norm. The reform seeks that by granting the possibility to the judge to presumptively reason with the probative material, it is required on the condition that he argue the results obtained through him. This would mean that the sentence, as a discursive construction, will not contain a reflection of the reasoning (which is manifested in the judge's mind), but an argument about the steps, elements considered and results obtained in that reasoning. All this, based, represents the consequence of the investigation and investigation through specific techniques and instruments, using as theoretical methods the synthesis, deductive and exegetical analysis, to interpret the Ecuadorian legal and social regulations to elucidate the ideal form of presentation of the evidence and as empirical methods the content analysis, comparative normative analysis, jurisprudential and interviews will be conducted with experts in the procedural area, mechanisms that have allowed to demonstrate the problem posed in this research work.