La admisibilidad de los medios de prueba en los procesos civiles, a partir de la vigencia del Código Orgánico General de Procesos y la vulneración del Derecho a la Defensa.

Abstract

As of the validity of the General Organic Code of Processes COGEP, the evidentiary procedure presented important changes within the judicial process, in civil matters, especially when proposing and taking the evidence. This work carries out an in-depth analysis of the doctrine and the regulations regarding the admissibility of the evidence, in relation to the right to defense as part of the basic guarantees of due process, studying the general principles of evidence and the parameters for the admission of the same, indicated in the national laws, in comparison with laws of other countries, as well as, reviewing doctrinal criteria of various authors regarding the judicial evidence. The methodology used has a non-experimental qualitative approach, since this research has a sufficient theoretical foundation, analyzing the events in their natural context, which allowed examining the different evidentiary procedures and analyzing whether the right to defense is being violated. , by not admitting evidence, concluding that the current regulations set forth in the General Organic Code of Processes, does not violate this right, since it does not prevent the procedural subjects from presenting their evidence, what it does is regulate the characteristics of the probative material in accordance with the principles of usefulness, relevance and conduct, in addition the law limits judicial arbitrariness, requiring that resolutions that inadmit evidence be duly motivated.