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La prueba para mejor resolver.

Abstract:

The evidence is the most suitable means to exercise the search for the truth and to be able to reach the establishment of fair criteria within the judicial processes. In the General Organic Code of Proceedings there are several types of evidence established, one of them being the evidence to better resolve. There are positions in favor and against the ex officio evidence, with grounded and valid arguments. The General Organic Code of Proceedings in its article 168 establishes the definition of the same but does not detail its use and application in a detailed and explicit manner, complicating in a certain way the duty of the judges and their active participation in the proceedings. This thesis is in favor of the position that decides to use ex officio evidence for the clarification of facts, but with its due limitations and scopes, therefore, it proposes that they be established for a better use of the norm.