EL USO ABUSIVO DEL TESTIMONIO ANTICIPADO Y AFECCIÓN AL DERECHO A LA CONTRADICCIÓN

Abstract

Within the Ecuadorian criminal justice system, an exceptional mechanism known as "anticipatory testimony" was established to safeguard evidence in situations of risk or vulnerability that might otherwise lead to its loss. However, current judicial practice reveals a troubling trend toward the routinization and distortion of this mechanism. This article analyzes how the excessive use of anticipatory testimony—particularly during the preliminary investigation stage and without adequate notification or preparation for the defense—directly violates the right to adversarial challenge enshrined in the Ecuadorian Constitution and international human rights treaties. Adopting an analytical and doctrinal approach, the study highlights the system's shortcomings and the need to establish clear rules to prevent this exceptional measure from becoming the norm. The research examines how the misuse of this mechanism undermines the principles of oral proceedings and immediacy, shifting the focus of evidentiary debate away from the oral trial hearing. Through a qualitative, doctrinal-legal analysis, the study reviews legal theory and case law to demonstrate the systemic procedural imbalances resulting from this practice. Finally, the article proposes concrete legal recommendations and strict judicial limits to restrict the admissibility of such testimony, ensuring that it does not infringe upon the accused's constitutional guarantees or compromise the pursuit of objective procedural truth.