La citación notarial : alternativa de la celeridad procesal en el sistema judicial ecuatoriano.

Abstract

This research addresses the need to add to the Ecuadorian legal system figures such as the hypothetical notarial subpoena, as this can serve as a complementary alternative to judicial subpoenas; this, given the saturation of the judiciary and courts nationwide and the limitations of the subpoena methods currently contemplated, so this addition is proposed to improve procedural efficiency, seeking to align with the constitutional principles of speed and procedural economy, in line with the effective judicial protection. Therefore, the main objective of the research is to analyze the legal viability of this proposal and its impact on the administration of justice. In addition, the impact of effective judicial protection on the viability of a new type of subpoena in the Ecuadorian judicial system is analyzed. Methodologically, the study is based on a qualitative approach, with an exploratory, descriptive and explanatory scope. For this purpose, national norms relevant to the research, jurisprudential precedents and relevant doctrinal sources are reviewed. As conclusions, within this research work, it was found that the notarial citation when performed by notaries vested with public faith by their functions, can contribute to streamline the judicial processes in Ecuador, resulting in a contribution by these judicial officials in legal certainty and procedural speed. In addition to this, it is possible to identify that there are necessary reforms to the COGEP and the Notary Law that can provide a solution to the main problem of this research. Access to justice and subpoenas in general have a close link that can be corrected if issues such as notarial subpoenas are incorporated into the Ecuadorian legal system.