Legalidad de la citación telemática a personas naturales y jurídicas. Alcance de su validez procesal.

Abstract

This research work is developed under the title "Legality of the Telematic Summons to Natural and Legal Persons. Scope of its Procedural Validity.”, through this investigation work seeks to clarify the functionality, applicability and validity of the new procedural tools implemented through technological means, within a judicial process. Within the recent reforms to the General Organic Code of Processes (hereinafter referred to as COGEP), the telematic summons is regulated, in the face of this new mechanism of electronic summons several problems arise, which they force us to carry out a study analysis that goes beyond what the norm intends to regulate, for which, I will maintain the present research work using the legal doctrinal and synthetic analytical methods of the content of the normative, along with the criteria that provided by lawyers and judicial officials from the city of Machala, province of El Oro, Ecuador. The Constitution of the Republic of Ecuador (hereinafter called CRE), what is intended is that no injustices in any of the stages of the process, however, this may not be protected by implementing the summons via email; although it is true, the COGEP specifies that as proof of having carried out the diligence there must be a verification or confirmation of reading, although it is true, the COGEP specifies that as proof of having carried out the diligence there must be a verification or confirmation of reading, the legislator must make normative efforts to try to align constitutional rights and principles with the implementation of Information and Communication Technologies (hereinafter ICT`S), in a way that said efforts to modernize judicial processes are not susceptible to procedural nullities .