Derecho a la tutela judicial y debido proceso en las audiencias de juicio vía telemática.

Abstract

The development of the chosen academic article, called "Right to effective judicial protection and due process in the trial hearings made through virtual platforms" allows an investigation where the purpose is an analysis of the development of trial hearings made through virtual platforms, focusing on its main problem related to the violations of the rights of protection that every person has during a judicial process, which brings us to the objective, that is, to the identification and viability of the application of this type of hearings in the Ecuadorian procedural system, without affecting judicial protection and due process. The applied methodology has a qualitative, non-experimental approach, with exploratory, explanatory and descriptive methods. The results obtained will make it possible to recognize the existing shortcomings in the application of information technology to carry out hearings electronically and that ultimately limits the rights of the parties, consequently violating due process and effective judicial protection. Also, visualize the reality of other countries regarding the application of virtual platforms at the time of making an audience. In conclusion, the question arises whether, in order to safeguard the rights of the procedural parties, it is more effective and convenient to hold face-to-face or telematic hearings; and, in which cases the use of one or the other might be preferred.