Regresar

EVIDENCE TO BETTER RESOLVE: VISION FROM THE PRINCIPLE OF IMPARTIALITY

Abstract:

The present research work is focused on the General Organic Code of Proceedings, which in its article 168 provides an ex officio evidence, called the evidence for a better resolution, through which the judge may exceptionally order ex officio, that is, by his own decision, without the request of a party. There is therefore a danger of loss of impartiality of the judge, since the free and discretionary use of this evidence would directly affect the claim of the parties, since this evidence may be ne-cessary to reach the truth and administer justice, but an inadequate regulation of this means of evidence in the Ecuadorian legislation affects the litigants. the research aims to analyze the affectation of the principle of impartiality with the evidence to better resolve. The research was developed under the qualitative paradigm with a descriptive, explanatory approach, using methods of theoretical and empirical level of knowledge, the documentary techniques and the interview allowed to obtain information that is detailed in the results and allowed to discuss between different perspectives. It has been possible to conclude that the evidence for a better solution violates the principle of impartiality, benefiting or harming one of the parties.