La oralidad como una garantía procesal en el desarrollo de las audiencias telemáticas.

Abstract

The present investigation proposes a factual and legal review through which the harmful repercussions are delimited to procedural principles that are concatenated to orality when telematic hearings are carried out. This is a relevant legal issue since, at the time of the respective hearings, there is evidence of a substantial change between face-to-face and telematic hearings, due to the physical non-attendance and triggering situations that limit the immediacy and contradiction that must prevail in the hearings. In order to carry out the present investigative work, an inductive methodology was used that, through observation and description, reviews the concepts, scope and characteristics that include the guarantee of orality within judicial processes. All this has left as an investigative result an approach to the principles that prevail in conducting hearings and on which a transgression has been verified at the time of executing the hearings telematically, but in a timely manner the evidentiary practice and the contradiction of the evidence. Finally, the immediacy allows the judge and the parties fluid communication and a prolix course of the hearings, a situation that is diminished as has been evidenced in this work and that can ultimately affect decision-making by the judge or judges.