Validez de la notificación electrónica como mecanismo Supletorio en Ecuador: límites constitucionales frente al debido proceso y el derecho a la defensa.

Abstract

The finally object of this document is to set electronic notification in Ecuador, framing its link to due process guarantees. The main focus is its application to the legitimate right to defense within the Ecuadorian legal system, highlighting how technology has been implemented in the administration of justice in Ecuador, facilitating mechanisms that allow for faster and more efficient procedural actions. It highlights how technology in the current administration of justice has facilitated the implementation of electronic mechanisms to expedite procedural proceedings. However, questions remain regarding the conditions that must be met for its use to be legally valid. The issue centers on establishing the legal limits of electronic service as a supplementary mechanism, particularly when there may be deficiencies related to the identification of the parties to the proceedings, the medium used, the receipt of the communication, the timing of the service, or the ability to access the content of the document being served. The validity of electronic service in Ecuador depends not only on having a record of transmission but also on ensuring that the procedural document has been properly served and that the right to a defense has been exercised. An analysis of the constitutional framework, procedural rules on electronic communications, and the case law of the Ecuadorian Constitutional Court is required. The aim is to identify the criteria that allow for distinguishing between a valid electronic notification, a notification with a formal defect that does not result in a lack of defense, and one whose deficiency affects the right to a defense. Finally, the research seeks to establish legal criteria that reconcile the use of technology in the administration of justice with the protection of constitutional guarantees by determining the limits within which electronic notification may legitimately operate as a supplementary mechanism in Ecuador.