Papel del juez en el proceso oral en la normativa procesal ecuatoriana

Abstract

The article that is presented is the result of a documentary, descriptive investigation that aims to gather information about the role of the judge in the oral process and how his role is visualized in the Ecuadorian procedural regulations, what are his powers and what limits to their performance is established within the oral process. In qualitative-based research, as it analyzes the role of the Judge within the oral system, which includes both the Constitution and the Comprehensive Organic Code of Processes, theoretical methods such as synthetic analytical and inductive deductive are used. complemented with documentary and content analysis as methods of the empirical level. As main conclusions, it is proposed that orality has taken possession with its own meaning in the Ecuadorian criminal system, however, although in Ecuador there is a tendency to orality in the process and that the Judges comply with it by constitutional mandate, they are still very attached to writing, specifying that the assumption of orality is articulated with a true new model of Judge who definitively distances himself from scriptural practices and assumes a much closer position with the cause.