Principio de comunidad de la prueba : alcance sobre la prueba renunciada.

Abstract

In Ecuadorian legislation and jurisprudence, the principle of community of proof has not been regulated and its study is scarce, however, the doctrine has developed several criteria regarding the scope of said principle and its scope of application in judicial processes. Regarding the figure of the waiver of evidence, it has the effect of dispensing with an evidentiary element, however, for this to prosper, the administrator of justice must, at least, identify if what is intended is to undermine the right to prove the counterpart. The present work focuses on protecting the evidentiary activity in order to avoid possible unfair behaviors that affect the procedural truth, in particular, analyze the adequate application of the principle of community of evidence in light of the waived evidence, thus preventing it from giving up the test when a violation of the procedural truth is suspected.