La prueba para mejor resolver en perspectiva al impulso procesal de las partes conforme al Código Orgánico General de Procesos.

Abstract

With the implementation and subsequent application development of the General Organic Code of Processes, the traditional vision of the practice of evidence has changed and has acquired a clear procedural dynamic, resulting in greater responsibility for the procedural parties. In this context, the dispositive principle establishes the rule that only the parties decide on the procedural activities, so the judicial authority must limit its decision only to what the parties have requested, with the parties being the only ones responsible for presenting evidence at the trial. , which is not something that has an absolute character, since there are cases in which the judge is extraordinarily empowered to actively participate in the process, generating evidence with the purpose of providing a better resolution to the legal conflict submitted to his knowledge. From the above, it can be verified that the jurisdiction of the judge, in accordance with the provisions of the General Organic Code of Processes, includes the power to order ex officio the collection of evidence necessary to establish the truth. The present investigation was aimed at identifying the scope and limits of the unofficial evidentiary power of the judge, this through a methodology with a qualitative approach and using tools such as the questionnaire, which has been directed to the main actors who They intervene in jurisdictional processes, just as judges and lawyers do in the free exercise of the profession, with the aim of obtaining inputs that allow achieving the stated objectives.