La prueba de oficio como mecanismo para enmendar la inactividad probatoria en el proceso.

Abstract

Ex officio evidence is a procedural figure, which, in accordance with COGEP, has a clear purpose, which is to clarify controversial facts, this through the search for a formal truth that must be in line with the rules and principles of the process, however, the fact that its application occurs under the decision of the administrator of justice, implies that there is a contingency in making mistakes, because, although the judge applies the ex officio test according to its purpose, it can do so through an interpretation that is not related or harmonious with the rules of the process, violating certain principles of the process and affecting in particular its impartiality and therefore due process; it is in this way, how the administrator of justice can err using a figure such as ex officio evidence, justifying the search for the truth to end up using it as a mechanism to help the parties by correcting the errors they commit in their evidentiary production or as a way of adding to the process elements that the parties themselves could not incorporate, result of an evidentiary inactivity, so it is essential that the law is a more specific when referring to controversial facts.