Vulneración al derecho al debido proceso por vacíos normativos del COGEP en la fase de anuncio probatorio.

Abstract

The right of due process of law is the bedrock of rights and principles in any Republican Estate as it establishes a minimum fundamental order that must be abided for modifying the legal status of any person or situation. From this main right, others of the same relevance are concatenated such as being able to present evidence and the faculty of replying to the arguments from other parties involved within a case. Nevertheless, there is a problem inside the judicial practice: the negligence -and sometimes intent- of lot of judges when it comes to disregarding our legal system as a tool that must optimize the main goals of the procedural norms that prevails as a mean for the realization of justice through its rights and principles, rather than a power that has to be applied uniquely by means of restricted interpretation rules of one single article or section while ignoring the rest of the legal system. Therefore, while being surrounded by an Ecuadorian legal culture in which the judges don’t respect the due process of law nor fundamental principles of our procedural law, indirectly alleging a system where the laws under the constitution are the core of the system, and considering that the current judicial remedies that are offered against some cases in which a judge can violate the right of presenting evidence are not effective, it is necessary to deploy legislative reforms to the Código Orgánico General de Procesos that will protect us from this attempts to destroy the constitutional Estate of rights and justice in the praxis of announcing evidences in a court of law that will allow to protect these rights and principles that are granted, especially the rights to present evidence, receiving explained reasons of the prohibition of admission for a certain proof, and to appeal or use any other judicial remedy that an affected person considers useful for his case.