Desafíos y oportunidades del principio de inmediación en el marco de audiencias telemáticas en el derecho procesal

Abstract

The article addresses the challenges and opportunities presented by the principle of immediacy in the context of telematic hearings within procedural law. Immediacy, which implies the direct presence of the parties and the judge in the process, is put to the test by digitalization and the use of virtual platforms. 

Among the main challenges, the possible reduction in the quality of communication between the parties stands out, since the lack of physical contact can make it difficult to perceive emotional nuances and the dynamics of the debate. In addition, there are concerns about fairness, as not all parties have equal access to the technology needed to effectively participate in virtual hearings. 

It also identifies opportunities that arise with the implementation of telematic hearings. Digitalization can facilitate wider access to justice, especially for those in remote regions. It is also pointed out that telematic hearings can optimize the resources of the judicial system, allowing greater efficiency in the scheduling and development of trials. The article states that, although the principle of immediacy faces significant challenges in the virtual environment, it also offers possibilities to transform access to and administration of justice, provided that adequate measures are implemented to safeguard the rights of the parties.