La vulneración del debido proceso en las audiencias telemáticas previstas en el COGEP en el Ecuador.

Abstract

In Ecuador, telematic hearings have been developed through the use and application of digital resources in order to streamline the processes, for several years ago, however, it was not until the COVID-19 Pandemic that it became a mandatory alternative due to the limitation of capacity from May 7, 2020 through resolution No. 045-2020 of the Council of the Judiciary; Provisions justified in a health emergency that incur in inconsistencies that affect constitutional principles. The general objective of the work is to analyze the violation of due process in telematic hearings and compliance with the principle of immediacy in telematic hearings implemented in the civil area. With this precedent, the present investigation addressed the exposed subject from a bibliographic analysis of the existing sources, both from jurisprudence and from doctrinal analysis. The results of the investigation showed that these inconsistencies have been the subject of debate since previous years, and there is agreement with the violation of the principles of immediacy and contrariety. The possible solutions have been based on the analysis of the regulations, on the one hand, in the approach of the inconsistencies of the due process in the COGEP and, on the other hand, in the technical aspect that, concatenated, allow a search for guarantees that approximate the no violation of due process in the development of telematic hearings in Ecuador.