Efectos procesales de la corrupción en la prueba y la carga probatoria en el proceso civil ecuatoriano.

Abstract

Corruption represents a structural problem that produces negative effects in various areas of law, including civil procedure, where its impact affects the evaluation of evidence and the distribution of the burden of proof. This article analyzes, from a doctrinal, normative, and jurisprudential perspective, the procedural effects generated by acts of corruption regulated by the Organic Law of Public Integrity in Ecuador. It examines how such illicit conduct contaminates evidence, alters procedural balance, and violates fundamental principles such as good faith, procedural equality, and due process. To mitigate these effects, the study emphasizes the application of the principle of dynamic burden of proof, provided for in the General Organic Code of Procedure, which allows the judge to redistribute the burden of proof in favor of the party affected by corrupt practices. In addition, a comparative analysis is conducted with the legal systems of Colombia and Spain, highlighting their regulatory mechanisms for addressing corruption in the evidentiary phase of civil proceedings. The paper incorporates a hypothetical case that illustrates the exclusion of flawed evidence and the adoption of active judicial measures to guarantee the integrity of the process. Finally, a comprehensive legal solution is proposed that combines the exclusion of illicit evidence, the reversal of the burden of proof, and coordination with the Organic Law on Public Integrity, thus guaranteeing transparency, fairness, and substantive justice in Ecuadorian civil proceedings. In this context, the paper aims to contribute to strengthening confidence in the judicial system and the effective defense of fundamental rights.