Vulneración del principio de oralidad en el sistema jurídico ecuatoriano.

Abstract

The oral system is a means for the administration of justice, which in practice becomes effective as the form of communication within a case. This substantial change from the validity of the Organic Code of Processes has demanded structural changes in the exercise of obligations of the administration of justice. The development of this investigative work is directed towards the application of orality by the administration of justice in the oral resolutions that are issued during the course of the hearings. The problem evidenced within these resolutions is that the law does not require that the minimum substantive, argumentative and motivational parameters be defined. All of this entails a series of tangible consequences in the substantiation of cases such as: a simplified oral decision that does not contain all the points of debate and controversy, it does not explain what the reasoning and assessment of the evidence was as an instrument of conviction and on all the change and inclusion of related decisions that were not mentioned during the oral resolution. This implies legal uncertainty for the administrators of justice, since, as much as if they ruled in favor or against, the possibility of claiming whether the judicial decision complies with the law and does not suffer from irregularities that motivate your revocation.