Análisis de la prueba testimonial en el proceso oral según el COGEP.

Abstract

Ecuador's Constitution recognizes that people have the right of access to an effective, expeditious and impartial guardianship in the judicial system. In this paper we will analyze the importance of orality in judicial trial, as well as procedural values that connects our legislation and doctrine. We will also study the General Organic Code of Processes specifically the chapter about the testimonial test and why it is relevant to be practice orally so in that way principles such as immediacy, concentration, speed, publicity and procedural economy, can reach a more real and effective scope. In this analysis we will talk about some weaknesses that our legal system has specifically about testimonial evidence such as the number of questions that can be asked, the number of witnesses we can present, the hostile witness, and the nonexistence definition of objections.