The effectiveness of evidence and the principle of procedural economy in civil matters

Abstract

The Ecuadorian civil legal system has been immersed in long and slow processes, which has generated the wear and tear of both the judicial apparatus and the administration of justice. In search of improvements for this situation, the Ecuadorian legislators have raised in the civil legal system, a series of procedural principles, governing evidence and evidentiary activity, which aspire to a better application of justice. This inductive research, with a qualitative approach, has as a general objective: to critically analyze how impertinence, impropriety or illegality in obtaining and/or producing evidence violates the principle of procedural economy and with it, due process. In addition, exegetical methods and bibliographic review have been applied, which have allowed us to conclude that there is no respect for due process in terms of the evidentiary activity of numerous non-criminal cases, which has a decisive influence on the delay and delay in the administration of justice in Ecuador, despite the constitutional and legal precepts in this regard.