El derecho a la prueba y su incidencia en la prueba ilícita.

Abstract

This research analyzes the right to evidence and its impact on the admissibility and evaluation of illegally obtained evidence within the Ecuadorian civil procedural system, considering the prevailing constitutional, statutory, and jurisprudential framework. It is premised upon the recognition of evidence as a manifestation of the right to legal defense and due process, serving as a fundamental component to ensure fair and impartial judicial determinations. The study focuses specifically on illegally obtained evidence—that is, evidence procured through the violation of fundamental rights—and, consequently, the principle that such evidence ought not to be admitted in judicial proceedings. Employing a qualitative methodology, the research explores and scrutinizes the guiding principles governing the right to evidence, as well as the limitations and exclusionary rules that prohibit the admission of evidence obtained in contravention of constitutionally protected rights. Moreover, this inquiry examines the provisions set forth in the Organic General Code of Procedures, particularly Article 160, paragraph three, in conjunction with Article 76, paragraph 4 of the Constitution of the Republic of Ecuador, which unequivocally proscribes the assessment of evidence obtained in violation of constitutional rights. Lastly, the study evaluates practical case law and judicial rulings concerning the inadmissibility of illicit evidence. Based on the findings, the research concludes that it is imperative to enhance the training of legal practitioners and to establish clear and coherent standards within civil procedural law for the treatment of illegally obtained evidence, thereby ensuring the unwavering protection of fundamental rights within civil proceedings.