Failure to Appear in Procedural Courts in the Ecuadorian Oral System: Analysis of its Legal Implications through Multineutrosophic Modeling

Abstract

This study intends to analyze the impact of not appearing as a legal consequence of the Ecuadorian oral system; in what way does it violate rights of the parties and the possibility of effective judicial protection? The study was developed through a mixed methodology, bibliographic-documentary design and empirical field study. Ultimately, Multineutrosophic modeling was used to limit uncertainty brought forth by establishing not appearing as a condition with lawyer presence, granted extensions or not, socioeconomic problems, etc., through a triangulation of findings from regulatory sources like the General Organic Code of Procedures (COGEP) and professionalizing interviews with judicial actors. The main results were that the actor not appearing as a plaintiff leads to a declaration of abandonment on the second day with action cancellation after continuous nonappearance, while not appearing as a defendant leads to action inaction and both non-possibility of appeal against evidence and breach of the principle of contradiction…on top of Multineutrosophic elements compounded by not appearing like lawyer unpreparedness and poor technological capabilities. The overarching finding was that not appearing violates effective judicial protection and due process, from law mandated findings that need to be included to regulate and professionally trained effective practical application of oral challenge for the better, to understand these elements better through Multineutrosophic modeling.