La citación por correo electrónico y su validación en materia de niñez y adolescencia.

Abstract

In judicial proceedings for children, there is a lack of speed to be able to comply and complete them when the defendant cannot be located; in the General Organic Code of Processes, although reforms have been made to the citation process, it has established that it can be given by ballots, personally, telematic means and through the press. However, when the citation is not terminated, the process cannot proceed. The investigation will demonstrate the validation of the citation by email in the area of childhood and adolescence, through the theoretical assumptions of due process found in the Constitution of Ecuador; the jurisprudence, the comparative law of Argentina and Colombia; suggesting the effectiveness of the email citation. The method applied in the investigation is the theoretical systematization, the deductive and inductive method and the comparative systematization; as well as through the qualitative approach that offers reflections that are considered valid for the analysis, discussion and improvement in the field of procedural practice and with the quantitative approach that allowed establishing the data of the need to apply the telematic summons in judicial actions referring to children's rights. It has been determined that in a responsible, controlled and supervised manner, the summons can be considered valid through electronic means, through its immediacy and agility in judicial processes. This research work concluded by corroborating through the judges and lawyers of the free exercise that the validation could respect the due process of the Constitution of Ecuador and the agility in the judicial units for children and adolescents.