Validez eficacia de la prueba electrónica como medio probatorio en los procesos judiciales.

Abstract

Background: The use of different means of evidence in judicial processes is as old as civilization itself. Nowadays, the frequent use of technology forces judges and judicial workers to learn about the correct way to include the electronic documentary evidence to judicial processes without affecting its effectiveness and validity. The general objective of this investigation was to determine the effectiveness and validity of the electronic documents as evidentiary in the judicial processes handled at the Unidad Judicial Civil Norte of the City of Guayaquil. To achieve this, the Methodology used was based on a type of documentary research, descriptive field, it was applied a statistical technique called Delphi Method of analysis of expert opinion, with the non-probabilistic choice of nine experts which background roles as judges and lawyers allow them to give an accurate opinion about the validity and effectiveness of the electronic documents. Finally, it was possible to determine some Conclusions. For the validation of the electronic documents as proof were established different forms of certification: through a Public Notary, through the certification of an alteration by an accredited computer expert and through the usage of security signatures or bar codes. In the same way, the design of a proposal for a Reformatory Law was made to the SoK ^K ^T ^^rganic Code of Processes.