“El testigo hostil y la vulneración de la seguridad jurídica en el Ecuador”

The General Organic Code of Processes, valid since May 2016 it incorporates the legal figure of the hostile witness, within the practice of testimonial evidence, it is considered as a tool of oral litigation that allows suggestive questions to witnesses that the judge declares as hostile, in order to obtain information and data of better quality, to be able to resolve with the full conviction of the facts. In the city of Riobamba, it has been evidenced that this legal figure has not been applied for a single occasion, in judicial proceedings. Therefore, it is necessary to review the origin of the lack of application of such a valuable tool. The leading cause is the lack of regulation of the hostile witness within the GEOCP; on the other hand, this would be violating the constitutional right to legal security due to the lack of prior, explicit and public rules that can be applied by competent authorities. In this research project, doctrinaire and legally, the figure of the hostile witness and the constitutional right to legal certainty will be analyzed, in order to oppose them and determine whether or not they violate this constitutional right and the legal effects that would cause such violation.

• 1. autor: Jenny Alexandra, Manotoa Manotoa (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2020
• Hasła przedmiotowe: testigo hostil; seguridad jurídica; prueba testimonial; vulneración
• Dostęp online: http://dspace.unach.edu.ec/handle/51000/6431