Derecho al silencio en materias no penales en el Ecuador: una polémica posición

Abstract

This research examined the right to silence in non-criminal proceedings in Ecuador from a constitutional and civil procedural perspective. Traditionally linked to criminal law, the right to silence was analyzed in civil, labor, and administrative contexts where its application has been ambiguous or nonexistent. The study began by recognizing the constitutional status of this right and revealed that its normative development outside criminal proceedings is limited, resulting in legal gaps and inconsistencies in judicial application. The problem was framed around the lack of specific regulation in the Código Orgánico General de Procesos (COGEP), which has hindered its effective invocation in civil hearings and led to legal uncertainty and subjective evidentiary assessments by judges. The research was conducted using a qualitative approach, employing dogmatic-legal, inductive, comparative, and critical methods. Content analysis was applied to legal doctrine, national and international regulations, case law, and real cases from the city of Cuenca. The study concluded that the right to silence must be explicitly recognized and regulated in the COGEP to ensure its enforceability in non-criminal proceedings. A legal reform and training for judicial actors were recommended to align judicial practices with international human rights standards.