La prueba de oficio y el principio de contradicción en el Código Orgánico General de Procesos.

Abstract

The Constitution of Montecristi gives us citizens multiple legal tools to clarify the truth in search of justice, Prior to this, we find the evidence to better resolve that serves for the judge in a process to determine the veracity of the facts alleged by the procedural parties in case of doubt before issuing a criterion. That said, our legal bodies do not extend or delimit this figure, to the point that it does not specify parameters for the correct use of it, the principle of contradiction is affected since in the General Organic Code of Proceedings there is no possibility for procedural subjects to decide to accept or oppose the ex officio evidence that the judge orders, since it may prejudice them by benefiting one of the parties, taking into account that the purpose of the principle in question is to enable the parties to defend themselves in the courts and to express their arguments on the alleged facts in writing or orally at hearings. The present paper proposes to reform article 168 of the aforementioned legal body and to define this legal concept in order to avoid damaging the procedural principles enshrined in the Constitution.