Problemáticas del auxilio judicial como acceso a los medios probatorios en el COGEP.

Abstract

The present investigation destined to the study of the problematic in the access of the judicial aid in the COGEP to make known what is the affectation that produces the refusal of the judicial aid of the judges to the procedural parts within process. In which the free interpretation of this figure has allowed the formulation of unnecessary bureaucratic acts that define the correct promotion of access to justice. In this framework, to obtain a better overview of the problem within the content, the different elements that intervene in the process have been examined, especially those that refer to evidence, such as the conception of the evidence, the evidence activity, the right to evidence, the means of evidence, this being the basis that allows the request for judicial assistance as a mechanism that ensures access to justice. On the other hand, the correlation that the principles have within this procedural stage is introduced to protect due process, effective protection, and the right to defense. Finally, the design of a regulation was outlined that allows solving the problem of the lack of specific normative statements to determine the scope and procedure that must be followed for the request for assistance, which aims to superimpose the void presented in such a way that the figure of study can be applied in a better way, intervening in the purpose of the evidentiary system that seeks to improve the quality of the procedural system.