La carga dinámica de la prueba como garantía legal.

Abstract

The present investigation shows as a legal problem of procedural law, that in processes and matters governed by the COGEP, the development of the dynamic burden of proof is not established or regulated. At the same time, it is evident that the Ecuadorian doctrine would be presenting limited studies carried out in terms of the description and analysis of the application of this type or form of evidence in Ecuador. It is for this reason that this research has the purpose of establishing what the dynamic burden of proof consists of and why it should be incorporated into the Ecuadorian legal system. Therefore, the objective of this research is summarized in analyzing the impact that the incorporation of the dynamic burden of proof would have and the need for it to be carried out in a reform to the COGEP, which is part of the proposal elaborated within of this study. Indeed, the research methodology implies the elaboration of the qualitative modality, where the contributions of the studies of doctrine, comparative legislation, case studies within the Ecuadorian procedural reality and the interviews with experts in different branches of procedural law, allow highlight the importance and need for the dynamic burden of proof to be part of the Ecuadorian procedural system. Thus, the results of this investigation show that it is possible to incorporate this type of burden of proof without affecting due process in terms of guaranteeing the right to defense.