From scripture to orality in ecuadorian legislation

Abstract

Throughout this research we will analyze certain historical milestones that will allow us to understand which are the reasons that cause a delay on non- criminal matters written processes in the new oral audience’s system, whether or not the oral system application will reduce the times set within the procedural system in court rooms. Additionally. We will conduct a value judgment that will allow us to evaluate advantages and disadvantages of this new system on Ecuadorian legislation, implemented in our Political Constitution since 1998 which let us to understand the regular procedures and summary courts whose purpose is the use of the verbal communication as due process guarante, effective judicial protection and legal security. The used methodology was documentary and analytical research, which investigated the current legislation and jurists doctrine to examine how they apply it in Ecuadorian court house, as well as, the procedural system correlating the application of guiding principles that regulate the verbal procedural justice system so that, the parties’ rights involved in a litigation cannot be violated. The research technique responds to the applied bibliographic compilation. As a result, the procedural system is mixed by the use of oral and written language that guarantee the due process in Ecuador’s court house.