La vinculación de la oralidad y el principio de inmediación en segunda instancia.

Abstract

This research work focuses on the identification of orality and the principle of immediacy, considering that there is an impediment in the assessment of the test in the second instance. For this purpose, a review and analysis of the current legal regulations represented in the General Organic Code of Processes of Ecuador has been carried out without obviating the provisions of the National Constitution of the Republic. In the same way, the provisions in this regard have been reviewed in the Procedural Code of Spain, as a rule that offers an interesting contribution to the present study. The Principle of Orality undoubtedly represents an important advance in the Ecuadorian judicial system, however, the necessary revisions must be continued to effectively strengthen and guarantee judicial processes without prejudice to the substantive rights agreed in International Human Rights Agreements and Agreements and the provisions of the National Constitution. It is proposed as a proposal, the Ecuadorian regulations are reformed and the evaluation of the evidence is included in the second instance, as an option that can be accessed without major complications or formalities, but which will undoubtedly contribute, after analyzing the current arguments or in force, to open the possibility of new topics with new valid and coherent arguments. Therefore, the proposal is shown as an opportunity to improve judicial processes, especially those where the possibility of a reasonable doubt cannot be ruled out, leading to a new assessment of the evidence and even a new sentence, if the case