Assessment of Evidence in Administrative Proceedings in the Decentralized Autonomous Municipal Government of Guayaquil, 2018-2019
Abstract
This paper investigates the evaluation of evidence in administrative proceedings conducted by the Decentralized Autonomous Municipal Government of Guayaquil during the 2018–2019 period. Using a qualitative approach, it analyzes the normative, theoretical, and practical foundations of evidentiary activity in the administrative headquarters to identify regulatory weaknesses and risks of arbitrariness associated with the evaluation of evidence. It argues that the lack of uniform guidelines and the excessive reliance on documentary evidence to the detriment of other empirical means hinder compliance with the principles of material truth and due process.
International standards are included according to which sound rational criticism, immediacy, and contradiction can be the axes of a guaranteed judgment. The results of field research through interviews and surveys confirm the perception of both users and legal practitioners of the need to deepen training and regulation of activity in this area at the local level. Based on this, technical recommendations and regulatory reforms are proposed to ensure rational, transparent activity that respects the rights of those governed.
Keywords
Administration, burden of proof, elements, evidence