Análisis de la prueba de oficio y su incidencia en los principios procesales.

Abstract

In the Ecuadorian procedural system, which is primarily dispositive, the regulation of the evidentiary system aims to ensure the validity of evidence in civil proceedings, with particular emphasis on judges' authority to order ex officio evidence. This authority is exercised under the principle of Due Process, which guarantees impartiality and the protection of fundamental rights for the parties involved. However, there are normative limitations designed to prevent misuse of this authority and maintain procedural balance. The main issue is the tension between the pursuit of truth and the preservation of fundamental procedural principles. While ex officio evidence can be valuable in obtaining a complete view of the facts, its use must be exceptional and justified, as improper application can undermine the integrity of the judicial process. In a dispositive system, the parties are responsible for presenting and contesting evidence. Active judicial intervention in gathering evidence can disrupt this balance and lead to perceptions of unfair treatment. The study of ex officio evidence highlights its importance in ensuring fair and efficient justice. This tool helps level the playing field when one party has more resources or when evidence is difficult to obtain. It also contributes to procedural efficiency and strengthens public confidence in the judicial system by ensuring decisions are based on a comprehensive and fair assessment of the facts.