"Theofficio evidence for better resolution in light of the principle of impartiality in non-criminal proceedings"

Abstract

This article analyzes the Official Evidence to facilitate the resolution of the case, regulated in article 168 of the General Organic Code of Processes (COGEP), the norm that governs non-criminal proceedings in Ecuador. This provision allows the judge to request official evidence to clarify facts, expressly justifying the reasons for his decision. However, this discretionary power could generate doubts about judicial impartiality, potentially benefiting one of the parties and affecting the claims of the litigants. In addition, the suspension of the hearing for up to fifteen days introduces possible procedural delays. The objective of the study is to analyze how the application of this test influences the principle of impartiality in non-criminal proceedings, which is essential to determine whether Ecuadorian regulations require adjustments that adequately delimit this judicial power and reduce its potential to affect procedural equity. The research adopts a qualitative approach, using deductive, exegetical and dogmatic methods to explore related theories and doctrines. It is concluded that insufficient regulation of this figure could violate the principle of impartiality, generating a negative impact on the administration of justice.