Derecho al olvido en el sistema E-Satje.

Abstract

The objective of this paper is to study the Right to Be forgotten in the E-SATJE system in the Judicial Function of Ecuador, mainly of judicial processes in criminal matters that have concluded in sentences either ratifying innocence or convictions with sentences fully served, Its need for application is given by virtue of violations of constitutional rights such as honor, good name, work, protection of personal data, human dignity, which occurs when said processes continue to be accessible to anyone without any type of restriction, with the exceptions provided by law; The relationship or limitation of the right to be forgotten against the principle of publicity of judicial processes and its correlation with fundamental rights at stake will be addressed. The techniques used will be the in-depth interview of five people involved in completed judicial processes, with their respective instrument such as the Interview Script; and, documentary analysis with the instrument of Observation Guide of legal literature, judgments of both the Constitutional Court, and Judges of the Judicial Function, in order to collect and analyze information obtained from reality, from the lives of users of the service of justice that suffer this problem; to conclude by concluding that the constitutional guarantee of Habeas Data is the ideal one to eliminate, suppress or restrict public access to the E-SATJE system with the names and surnames or identification of a person when the processes are terminated for different reasons, in order to prevent violations of constitutional rights.