DUE PROCESS, COMPARATIVE ANALYSIS BETWEEN THE CODE OF CIVIL PROCEDURE AND THE GENERAL ORGANIC CODE OF PROCESSES

Abstract

The comprehensive comparison of the Code of Civil Procedure with the current General Organic Code of Processes responds to comparative law and shows that this change of paradigm was beneficial for the administration of Ecuadorian justice, as well as for the people who resort to it daily, since Thanks to the implementation of this new body of regulations, the due process established as a fundamental guarantee in our Constitutional Standard has become operational and practical. The legal reform carried out by the legislation determined that the principle of orality constitutes a positive advance in the Ecuadorian procedural system as it also allowed the judge to fulfill his role more efficiently, thereby consolidating the permanent application of the principles of immediacy, concentration, contradiction, publicity, speed, procedural economy, among others. Although the deed is still in force in the Ecuadorian procedure, its use is minimal and in essentially necessary aspects such as the claim in its content that describes the factual foundations, the legal foundations, the author's claim and the means of proof; adding to this its implementation at the time of documenting everything that happened in the hearing(s). Due process has evolved in Ecuador, since it allows the procedural parties to achieve impartial and timely justice, leaving in the past an outdated system in which the judge judged solely based on reading texts that were sometimes far from reality.