Vulneración al principio de inmediación con la práctica de la prueba en las garantías jurisdiccionales.

Abstract

The present investigative work is based on analyzing the Violation of the Principle of Immediacy with the Practice of Evidence in Jurisdictional Guarantees, whose problem is present in subsection 3 of Article 16 of the Organic Law of Jurisdictional Guarantees and Constitutional Control (LOGJCC), in which during the judicial process, the direct presence of the Judge would be omitted specifically when it comes to taking evidence. Being that the test constitutes the vital part of a process, for the practiced test to have value, it must inevitably be carried out before the judge. The direct relationship that exists between the Judge and the parties involved in all instances of a process, will allow him to make an accurate decision about it and therefore issue a reasoned ruling. Hence the importance of expressly mentioning in the third paragraph of Article 16 of the LOGJCC, the presence of the Judge, permanently and uninterruptedly in each of the procedural acts, because he is the one who must be present in the practice of the test, together with the other procedural subjects, and not only the commission. For this reason, I conclude by recommending that subsection 3 of Article 16 of the LOGJCC be reformed.