Análisis de la actividad probatoria en los procesos judiciales civiles.

Abstract

Civil evidence activity, in the litigious practice of law, is a transcendental element in civil judicial processes, where the evidence is practiced by the parties and valued by the Judge in order to be able to resolve controversial matters during the hearing, for which purpose the procedural reform in force since 2016, the legislator has proposed the procedure in order to effectively guarantee the right to defense of the parties. With the help of the procedural doctrine of recognized authors, the concepts, guarantees and practical definitions of the right to defense within the civil evidentiary activity are reviewed, in addition, particular attention will be paid to articles 143, 158, to 231 of the COGEP, analyzing the information collected under the gaze of legal, exegetical and statistical methods, contrasting this with the data collected through a survey where they will inform us of the experience lived in their role as legal professionals during the evidentiary activity in civil hearings, information which would reflect the involvement of the parties in these proceedings, to have an image of the procedural reality of Ecuadorian civil law, where our study will focus on professionals who practice law in the Civil Judicial Units of the city of Guayaquil. Finally, once the results of the information obtained have been analyzed, conclusions and recommendations will be established, which contribute to the scientific knowledge of Ecuadorian civil procedural law, in the evidentiary practice, defense and that make it possible to efficiently reach the truth to the judge.