La oralidad en la administración de justicia ecuatoriana: Código Orgánico General de Procesos

Abstract

Citizens who are involved in legal proceedings should have an understanding of how their cause may be resolved. The persons have the benefit of the freedom of speech, which allows parties to state hence saving time and giving the individual or individuals involved more confidence in the administration and equality of the judicial system which plays a vital role in the development of a free society. All litigants desire to have their cause considered in a fair and just manner and Ecuador is a country with a constitution that guarantees all citizens these rights. This paper is for the purpose of analyzing the application of the freedom of speech in the COGEP. The development of this research and the historical background will be discussed in the administration of justice from Egypt, Greece, Rome in order to present, a comparison between the oral and written system. The thoughts of authors in favor and against of the freedom of speech, will be compared legislation at the national level by referring to the Constitution of Ecuador, the COGEP and the COFJ, an brief analysis of the principles of due process, as well as the opinion of the jurists and other professionals. Ecuador as a country should take advantage of past experiences and implement changes to the judicial system that are essential to the country and individual communities. The writing system has failed to successfully meet the challenges of today’s society and therefore beneficial reform is needed.