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El auxilio judicial como medio de prueba en el Código Orgánico General de Procesos.

Abstract:

The present work reflects a qualitative effort for the study of the judicial assistance in order to correct its ambiguity according to a legal reform proposal. This figure is contained in article 159 of the COGEP and although there have been few investigations in this matter, and some authors have raised the concern of how should act the judge and the party in such a case; that is, what requirement should be asked for its implementation or how the discretion of the judge with due process could be reconciled. For the elaboration of this work it has been important the use of theoretical methods as logical, exegetical and comparative in order to consider the nature of judicial assistance, its legislative ambiguity and the proposal of its possible solution. Likewise, empirical methods were used that involved the study of the legal norm and the interviews of experts in civil procedural matters. Among the most significant results has been found in the principle favor probation is an important element to make more flexible and beneficial judicial assistance because it gives more importance to the test itself than to the formalities.