La prueba del ácido desoxido ribonucleico –ADN-, en el código orgánico general de procesos –COGEP

The present research work, whose theme is "The Proof Of Ribonucleic Deoxide Acid -Adn-, In The General Organic Code Of Processes -Cogep" whose objective is oriented to the critical analysis, legal and doctrinal of the Ecuadorian legislation, especially on childhood And adolescence, in relation to the practice of the test of ribonucleic acid A, DN, in the Code of Childhood and Adolescence and in the General Organic Code of Processes, as well as to establish a legal reform to the General Organic Code of Processes, To address an issue of the legal and social reality of Ecuador. Article 142 of the General Organic Code of Processes regulates the content of the application, which must be submitted in writing, and in number 7 on the test indicates: "The announcement of the means of proof offered to prove The facts.- The list of witnesses must be accompanied by an indication of the facts on which they will testify and the specification of the objects on which the proceedings will take place, such as judicial inspection, exhibition, expert reports and similar ones. If they do not have access to documentary or expert evidence, their content will be described, with precise indications as to where they are located and the request for means relevant to their practice. " Article 143 of the General Organic Code of Processes lists and describes the documents that must be attached to the application and in paragraph 5 it is well known that: "The means of evidence available, intended to support the claim, specifying the data and all the information that is necessary for its performance." And article 146 ibidem states that: "Qualification of the demand. Once the lawsuit is filed, the judge or the judge within a maximum period of five days will examine whether it meets the general and special legal requirements that are applicable to the case. If you comply with them, you will qualify, process and arrange the practice of the requested requests. If the claim does not comply with the requirements set forth in this Code, the judge or judge will order that the plaintiff or the plaintiff completes or clarifies within three days, if not, order the filing and return of the documents attached to She, without having to leave copies ... "In addition to these norms, it is essential to take into account that the rights of children and adolescents are inalienable, inalienable, and imprescriptible, and judges must act to protect the best interests of the child. From the analysis of the constitutional principles and legal regulations, we have that by express standard of the General Organic Code of Processes, the test that is wanted to assert in the hearing of judgment already must be contributed or to mention it to request its results; It is not clear at what point the DNA ribonucleotide deoxy de must be tested, with the criterion that must be announced and given at the time of the application; On the other hand there is the constitutional rule that obliges the judge to determine a procedure for the enforcement of the rights of individuals and also to ensure the rights of individuals that for the present case does not exist.

• Главный автор: Vinueza Varela, Lilia Eulalia (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2017
• Online-ссылка: http://dspace.unl.edu.ec/jspui/handle/123456789/19100