La teoría de la abolición de la carga de la prueba y su contraposición con principios procesales.

Abstract

The general objective of this investigation was to establish the viability of moving from the current evidentiary system to a flexible system of the burden of proof. As specific objectives to legally and doctrinally substantiate how procedural principles are affected when using the traditional system of the burden of proof, to carry out a comparative analysis of the Ecuadorian legislation with the Spanish and Colombian with respect to the judicial reversal of the burden of proof. , determine if the application of the evidentiary flexibility or judicial reversal of the burden of proof affects or not the principle of equality of the defendants, Analyze how the judge should apply the distribution of the burden of proof and until what procedural moment is appropriate do what. The investigation yielded as a result that the application of the principle of flexibility in the General Organic Code of processes becomesrelevant, for which reason a proposal was made to modify article 169 of said regulation.