Testimonial evidence and the principle of good faith and procedural fairness in telematic oral litigation

Abstract

The implementation of technology in the judicial system has modified the ways hearings are conducted. Specifically, nowadays, a large portion of hearings are held through technological means, which has contributed to the speed of procedures. However, it turns out that such implementation could be causing a series of violations to other constitutional principles. This has led to the need to investigate whether the use of telematic hearings for oral litigation could put at risk the principle of good faith and procedural loyalty due to the way testimonies are taken during hearings. The relevance of this research lies in the need to generate knowledge that demonstrates possible violations within the current system of conducting hearings. The general objective of the research is to carry out a critical legal analysis of the practice of testimonial evidence through digital means and the possible tension with the principle of good faith and procedural loyalty. The research will have a qualitative approach, using the observation of oral litigation techniques employed by the procedural parties within virtual hearings. Additionally, the inductive-deductive method will be applied, starting from particular premises to reach general conclusions and vice versa.