La citación telemática y su aplicación como un medio autónomo y suficiente.

Abstract

In Ecuador, there has been a modification in the procedural law since the reform of Article 55 of the COGEP, which incorporates the summons through telematic means, that is, by sending notifications by email to the people involved in a process, raise doubts about the legal validity of this form of summons and its impact on the agility of the procedures, respecting the right to effective judicial protection. However, through the poor drafting of this reform, several arguments were generated against it, maintaining that this means of summons can violate the right to defense of the accused person, by limiting their ability to obtain a timely technical defense and affecting rights. fundamental procedural procedures to ensure due process. The ambiguity that the article establishes allows the validity of the judicial processes that have already used this method of summons to be questioned since it lends itself to the interpretation that the telematic summons is only a previous step to the summons through the press. The use of electronic summons has proven to be a great step in the advancement of the Ecuadorian procedural system. This modern practice presents a more efficient scenario as an autonomous and sufficient means of notification to the parties involved in judicial processes. Telematic summons uses telematic means, such as emails or specific platforms, to expedite the delivery of pertinent information.