Anuncio y práctica de la prueba por terceristas dentro de procesos judiciales.

Abstract

The General Organic Code of Processes in the year 2016 figured an abysmal change in how the different procedures provided for in this norm should be substantiated, integrating a system with the purpose of identifying within the same, procedural and constitutional principles such as immediacy, intimacy, transparency, celerity, procedural economy and not more important the principle of equality. Having said this, within the different procedures prescribed by the procedural rules referred to above, certain questions have arisen regarding the procedural inequality that exists in the announcement of evidence by a third party, from the beginning of the filing of the claim by the parties, for its subsequent practice, versus the announcement and practice of the evidence after the filing of the claim, a third party that has been directly affected, whenever a ruling causes a grievance or that is compromised in it. Therefore, the research methodology of this degree work is qualitative, by virtue of the studies of the doctrine, comparative law, as well as several interviews to experts of the Ecuadorian procedural law, allowing to highlight the importance of procedural equality within the different procedures, as well as the subsistence of this principle in the announcement and practice of the evidence between the subjects that are part of a process and third parties. All this, by means of an exhaustive analysis of the procedural opportunities, the consequences generated, main scopes and a solution to the effective procedural inequality that exists between procedural subjects and third parties.