The procedural principles within the new constitutional paradigm: brief comments on the General Organic Code of Processes of Ecuador

Abstract

The present work has as general objective to legally analyze the principles of a procedural nature provided for in the constitutional order and the relevance that these have acquired within the new legal scenario that Ecuador has been experiencing since 2008 with the new Constitution and later, in 2016, with the General Organic Code of Processes. The research deals with the notions that arose as a result of the new constitutional paradigm, as a central element of public affairs, particularly in the judicial sphere, by focusing the argument on the predominant procedural aspects at the time of conducting trials. For the above, the issue is addressed from a technical-legal perspective, under the methodological application of the qualitative approach, in which a documentary analysis and the confrontation of positions are carried out, taking previous investigations as an information instrument. What, allowed in the first instance, to make the distinction between rules and principles, in relation to legal certainty. As well as, identify the main changes that arose as a result of the implementation of orality. The study concludes that the procedural principles, being constitutionalized, have acquired greater relevance to the point of being the guiding parameters and as a result the imperative of their observance, without this being understood as their overlapping with respect to the procedural rules of legal order, but on the contrary, as an instrument that harmonizes the latter, with the purpose of protecting fundamental rights, such as due process.