Citación a través de los medios de comunicación y el derecho constitucional de celeridad.

Abstract

When the Código Orgánico General de Procesos, COGEP, was enacted, multiple tools were added to contribute citizens in exercising the full enjoyment of their constitutional rights. Among them, we have citations through media outlets. While the norm aims to cover all possible scenarios in order to prevent violations of due process, the authors of this investigative work have identified a practical issue in article 56 of the Código Orgánico General de Procesos, COGEP, there is a discrepancy between what our regulations dictate and what judges apply in the cases they handle. The activation of this tool has become discretionary. Judges are called to apply the laws literally, often having their own criteria to approve or reject requests from the parties who ask for the opposing party to be summoned through any of the media outlets. In this paper, the authors will demonstrate the shortcomings that arise regarding the procedures required by the law, specifically those mentioned in subsection four of article 56 of the Código Orgánico General de Procesos, COGEP, and the way in which the constitutional principle of procedural expeditiousness is affected.