El aporte de la oralidad al proceso penal como garantía de la contradicción.

Abstract

This study examines the importance of oral proceedings in criminal proceedings as a guarantee of the principle of contradiction, especially in telematic hearings, which were held to a greater extent since the Covid-19 pandemic. The background highlights that oral proceedings and immediacy are essential to guarantee due process in order to obtain a procedure in accordance with the law, promoting direct interaction between the judge, the procedural subjects and evidence. However, telematic hearings present their challenges in assessing evidence, inequity in technological access, absence of laws and/or regulations that determine specifically how a hearing will be conducted in virtual media. The main objective of the study is to establish the main guidelines that the Judicial Council must follow in order to ensure the validity of the fundamental procedural principles in telematic environments, which can be protected by a regulation. The methodology used combines qualitative and quantitative approaches, analyzing applicable legal doctrines and regulations. The results observed through interviews and surveys show that technological barriers and the lack of clear regulations affect oral proceedings, effective contradiction, and the development of hearings.