El principio de publicidad procesal y su incidencia en el Derecho de honor y buen nombre.

Abstract

This research work develops the problem that arises between the principle of publicity of the judicial processes as established in art 13 of the organic code of the judicial function that aims to have transparency throughout the process against the right of honor and good name provided in the constitution of the Republic of Ecuador in art. 66 #18 which is responsible for protecting the image and name of a person, thus capturing the importance of this right within the moral and social heritage of the human being, the importance of the principle of publicity is fundamental in the judicial process as long as this is done in a responsible and respectful manner, avoiding defamation or the violation of the fundamental rights of a person because the information that is uploaded to the computer system of judicial process is available to third parties and can be used to cause damage with a direct affectation to the right of honor and good name, however no principle can affect an innate right as it derives from the intrinsic dignity of man. Thus, the need arises to determine if there is really a balance between the right to information given to the public and the protection of the reputation and dignity of the affected persons, and this will be developed in this research, analyzing the regulations, cases that have been presented and ending with a proposal for a solution to the problem.