La prueba testimonial de oficio señalada en el Código Orgánico General de Procesos y su sistema adversarial.

Abstract

Background. -The ex officio testimonial evidence arises from the power granted by the General Organic Code of Processes to the judge of the case, to exceptionally, order ex officio proof, leaving express evidence of the reasons for his decision, the ex officio proof consists of the practice of evidence that the judge deems necessary for the clarification of controversial facts, however, as it applies, it may incur the impartiality of the judge when deciding its resolution or sentence. Goals. -Analyze the official testimony indicated in the General Organic Code of Processes and its adversarial-device system. Methodology. -Design of qualitative research, with exploratory, descriptive and explanatory scope, of a nonexperimental transversal type. Results. -On the study of the judge's ex officio evidence, impartiality in decision-making must be regulated when from the administrators of justice the testimonial evidence is requested, because in every process there must be procedural contradiction, with the fact of guaranteeing the legal security of the due process, respecting the rights of the procedural parties, being necessary in these cases, that the exception of the testimonial evidence be regulated and the cross-examination allowed, to guarantee neutrality and impartiality in the process, and that the judge does not become partial entity in decision making.