Análisis del impacto de las audiencias telemáticas en el principio de inmediación en el marco del Derecho Procesal Ecuatoriano.

Abstract

The implementation of remote hearings in Ecuador, mainly driven by the 2020 health emergency, significantly transformed the administration of justice through the incorporation of technological tools into judicial proceedings. However, their application has generated legal debate regarding compliance with the principle of immediacy, understood as the direct interaction between the judge and the parties, witnesses, experts, and evidence. This research analyzes the impact of remote hearings on this principle within Ecuadorian Procedural Law through a descriptive and exploratory methodology supported by doctrinal, legal, and comparative analysis. The findings indicate that, although virtual proceedings limit physical contact among procedural participants, they do not necessarily constitute a violation of the principle of immediacy, provided that adequate technical conditions ensure real-time interaction, effective evaluation of evidence, and respect for due process. It is concluded that remote hearings are compatible with procedural guarantees, as long as their implementation preserves the fundamental rights of the parties and the effectiveness of judicial functions.