La citación judicial como garantía del derecho a la defensa en Ecuador.

Abstract

The objective of this academic essay was to analyze judicial summonses in non-criminal proceedings governed by the Organic General Procedural Code, with particular attention to their personal, electronic, and media-mediated modalities, to determine how their correct or incorrect application affects the right to a defense. Therefore, the legitimacy of the process from a constitutional perspective is not solely determined by the summons mechanism employed; it extends beyond that, requiring that said mechanism provide the guarantees associated with the proactive strengthening of justice. The urgent need to address this issue arises when an inadequate summons is issued, which tends to invalidate judicial decisions, resulting in a lack of opportunity for rebuttal and consequently, a lack of due process. The Constitution of Ecuador emphasizes the protection of the right to defense in Articles 75, 76, 82, and 169. Based on these legal foundations, it is proposed to strengthen protocols, controls, and monitoring so that the summons regains its effective role in efficiently protecting the true right to defense.