La vulneración del principio de inmediación de la prueba en segunda instancia según el COGEP en el contexto Ecuatoriano

Abstract

This research examines the noncompliance with the principle of immediacy in second-instance ordinary proceedings, in accordance with Ecuador's General Organic Code of Procedure (COGEP). It proposes that appellate judges, by evaluating evidence that was not included in their preparation or ordered to be played at the hearing, jeopardize due process and the right to defense. The research addresses the normative, doctrinal, and jurisprudential contexts of the principle of immediacy and the right to double conformity, indicating a lack of balance between the two. Furthermore, judicial proceedings that violate the principle of immediacy are detected. As solutions, actions such as the mandatory establishment of audiovisual recordings, specialized training for judges, and modification of the COGEP regulations are suggested. The methodology is qualitative, grounded in theory, and employs dogmatic and hermeneutical approaches. The study determines that the lack of clear guidelines has facilitated judicial resolutions that deviate from procedural guarantees, so a reform is needed to ensure effective judicial protection.