Limitaciones del anonimato judicial en el marco de las garantías del debido proceso en el Ecuador.

Abstract

The present essay examines the concept of judicial anonymity in Ecuador, understood as an alternative that has gained increasing relevance in response to the current security crisis, although it has not yet been addressed with the depth it deserves within legal scholarship. Its primary objective is to analyze the limitations of this institution in light of the guarantees of due process, in order to determine whether it is compatible with the Constitution of the Republic of Ecuador and with international human rights standards. The research is based on a critical reflection on the current state of vulnerability faced by judges and other justice system officials, who often lack the minimum conditions necessary to perform their duties with independence, impartiality, and transparency. In this context, the essay argues that the effective protection of these officials constitutes an indispensable prerequisite, since only by safeguarding their security and integrity can judicial decisions be ensured to comply strictly with the rule of law, free from threats, pressure, or external interference. Finally, the study concludes that judicial anonymity, as it might currently be conceived, faces significant constitutional and legal constraints. Consequently, it determines that any potential implementation cannot be undertaken in an improvised or discretionary manner but instead requires a comprehensive constitutional reform, accompanied by legislative changes that establish strict oversight over the exercise of judicial functions.