Violación al derecho a la defensa por inadmisión probatoria en procedimientos de una sola audiencia del COGEP.

Abstract

The General Organic Code of Processes (COGEP) was born as a product of the need for transformation and modernization of the administration of justice in Ecuador, with the aim of providing agility and speed to the procedural system in judicial litigation; However, since its application has generated some criticism among lawyers and users who feel victims of errors in a way that it presents. One of the problems lies in the lack of clarity in the writing of several articles, since it was left to the understandable assumption, when it is public knowledge that in everything that refers to the Law, there should never be room for the assumptions or for the obvious, so it is that the judges began to apply the same rule in different ways. One of these errors is the one that motivated the present investigation, giving life to the main theme: “Violation of the right to defense by evidentiary inadmissibility in proceedings of a single hearing of COGEP”, which was evidenced two years before the reform of June 26, 2019. Finally the doctrinal review, jurisprudence, as well as the raising of opinion through interviews with judges and lawyers, were jointly nurtured the conclusion reached, where it was evidenced that there was a lack of clarity in the norm, generating different interpretations on the part of the judges and with it violation of Due Process, thus violating the right to defense, an issue that was analyzed and discussed in the National Assembly, leading to a reform in the procedures of a single audience.