Análisis crítico del artículo 179 b de la Ley Orgánica de Transporte Terrestre, Tránsito y Seguridad Vial referente a la notificación de contravenciones de tránsito por medios tecnológicos y sus efectos en el derecho al debido proceso en el Ecuador.

Abstract

Traffic violations are those that occur due to the violation of traffic regulations within the national territory. Based on this reality, we can see that through the evolution that society has undergone in recent years, other means have been established to implement greater control on roads, such as radars, which are a means of preventing traffic violations or accidents. Although their contribution is significant, we can see that currently there is a problem with the notification of traffic fines issued through this means. This is due to the lack of a clear procedure, deadlines, and means to guarantee notification to the offender, which would entail a violation of the right to defense as contemplated in Article 76, paragraph 7 of the Constitution of the Republic of Ecuador. The Organic Law on Land Transport, traffic and road safety in article 179 numeral B contemplates aspects related to the notification of violations by technological means, delimiting that it is essential that the notification be made by the most effective and appropriate means where it is necessary to include electronic means, that although this constitutes an advance within the process of technological evolution, the lack of a clear means to notify the alleged offender and the lack of regulation of the period to appeal, prevents the offender from the effective exercise of the right to defense and by not having it contemplated in the pertinent legal norm, we are faced with the violation of legal security as contemplated in article 82 of the Constitution of the Republic of Ecuador.