La verificación de probidad en la función judicial : análisis jurídico del uso del polígrafo.

Abstract

This analysis examines the use of the polygraph as a complementary tool within the framework of legal viability through disciplinary control mechanisms in the Ecuadorian judicial system. Through a critical yet constitutional approach, it highlights certain aspects inherent in the principle of judicial independence and the requirement for guarantees regarding accountability, transparency, and integrity in the exercise of public office. The purpose of this essay is to analyze the principle of credibility that must be upheld in the country, which is subject to the processes of impartiality for both judges and prosecutors. Thus, it seeks to understand the potential effects of polygraph tests on integrity and social honesty, which are safeguarded within constitutional rights. It is important to note that this mechanism is not intended to be applied without the prior knowledge, informed consent, and voluntary participation of the individual being tested, as judicial regulations determine whether the test is decisive or conclusive. Therefore, the challenge for the judicial system in the country is to organize the processes of judicial autonomy in the institutional exercise, principles and policies of constitutional rights; this relationship responds to the trust of the citizens in the system itself.