Afectación al principio de inmediación y el debido proceso en audiencias telemáticas.

Abstract

This research paper addresses the impact and implications of using telematic hearings in the judicial system of the Republic of Ecuador, focusing on the principle of immediacy and the right to defense of the parties involved. With the implementation of telematic means in the administration of justice, courts and tribunals in Ecuador began conducting hearings electronically. This measure was implemented due to a global health emergency, such as COVID-19, which caused the judicial system and other activities to be halted due to health concerns. Nevertheless, thanks to technological advances, it became possible to use digital tools for administering justice in the country. The principle of immediacy involves defending the right to defense of the parties included. It commands that the judge must conduct hearings within the nearness of the parties to assess prove and other procedural acts as established by Ecuadorian criminal strategy, guaranteeing compelling and impartial cooperation of the parties within the judicial process. In any case, the move to telematic hearings raises questions approximately whether these strategies can maintain the basic standards that administer criminal procedures. This inquire about is based on a careful investigation of Ecuadorian directions, counting the Structure, the Natural Common Code of Forms, resolutions, decisions from the National Court of Equity, and more. It too considers current legal hones and case ponders. Another objective of this work is to assess the challenges postured by telematic hearings concerning the rule of instantaneousness, due prepare, and the correct to defense of the parties included. It is fundamental to guarantee the nearness of the parties, the quality of communication, and get to equity. The ponder concludes that whereas telematic hearings offer noteworthy benefits in terms of proficiency, taken a toll decrease, and openness, it is basic to create and execute shields to guarantee that the rights of the parties included are not compromised. Proposals are proposed to alter and improve telematic methods, guaranteeing a adjust between modernizing the legal framework and securing essential rights. This work contributes to the academic and down to earth talk on joining innovation into equity and gives a premise for future changes and considers within the field of Ecuadorian procedural law.