El activismo judicial y su influencia en el comportamiento del juez en procesos civiles.

Abstract

Achieving that Ecuadorian society to be satisfied with their justice administration is not an easy task, especially since as a general rule is that in judicial process there will be a victor and a vanquished, and the latter being will have more reason will look to the smallest detail to express that the judicial function was not impartial, nor diligent to resolve his case. That is why the ecuadorian judge should not be a spectator or moderator of the development of the judicial process, and has to start to empower himself, and play a leading role in the development of the trial, without affecting his impartiality his independence and respecting the guarantees of the due process. Through the analysis of judicial activism, the necessary tendencies will be extracted so the Ecuadorian Judicial Function will be an instance of protection of people's rights, minimizing the risks that a poor technical defense may cause, and without leaving the door open to arbitrary actions of the judges. By comparative analysis of the Ecuadorian procedural law with the Model Civil Process Code for Iberoamerica and the civil procedural rules of the neighboring countries, the Republic of Peru and the Republic of Colombia, deficiency of the procedural law of the Republic of the Ecuador will be discovered and this work will conclude identifying the necessary legal reforms, that will lead the ecuadorian judges to have an active role in the seeking of material justice.