EL PRINCIPIO DE INMEDIACIÓN EN SEGUNDA INSTANCIA SEGÚN EL CÓDIGO ORGÁNICO GENERAL DE PROCESOS

Abstract

The Constitution of 2008 establishes that the Ecuadorian procedural system must be oral in all matters and instances, and that it will be governed by the principles of immediacy, concentration and contradiction, in this context in 2015 was issued the Organic Code General de Procesos COGP, which sought to generate the necessary regulatory framework for their application. While it is recognized that the processes established in this rule, especially in the first instance, effectively promote the application of the above principles, especially that of immediacy, in the second instance, the application of the same is violated, due to the lack of presentation of proof except in the case of new evidence, which is why the court must judge from the trial files.