Prueba de oficio en el sistema procesal del Ecuador.

Abstract

In the judicial system of the Republic of Ecuador, the within which ex officio evidence is located has been delegated to later levels being an element of very little evidentiary assessment at the time of the analysis of all of them, for the conduct of fundamental procedural truth and indeed, reflecting the part of comparative law as in many countries of the world that effectively serves to obtain procedural truth. The fact that there is reasonable doubt that the institution proves of its own motion, at some point may have been contaminated with arbitrariness, this definitively complex subject does not have to be delegated since it used correctly and within the parameters of the competent court's analysis in compliance with due process, is effectively and in fact widely used in other nations. The methodological system used is cualicuantitative as surveys have been carried out on different judicial judges, twenty judges and fifteen lawyers in the medium in order to investigate criteria of application and assessment on ex officio evidence, a subject that is really complex from a doctrinal point of view as it is not applied assiduously. These analyses lead to the obtaining of parameters that based on the reason and experience of each of the respondents will give a scientific contribution, taking into account that the assessment of the ex officio test is fundamental when making a decision, the consistent judge and leaving aside all kinds of arbitrariness could presuppose to reach a real approach to the truth.