La citación por prensa en los procesos ejecutivos en el marco del principio de celeridad jurídica en Ecuador

Abstract

This article analyzes the summons by the press in executive proceedings in Ecuador and its impact on the principle of judicial speed. While summons are fundamental to due process, ensuring the right to defense and access to justice, the use of summons by the press can cause significant delays, affecting judicial efficiency. Employing a qualitative approach and dogmatic, historical-logical, and exegetical-legal methods, the study examines the normative evolution of summons by press in Ecuador, highlighting its practical and legal effects, Analysis of Constitutional Court rulings reveals the necessity of exhausting all prior options before resorting to this method to avoid violations of due process. A comparative study with Spain, Colombia and Argentina reveals a trend towards digitization of judicial notifications. Findings indicate that the Ecuadorian system requires adjustments to balance procedural speed with fundamental rights. A reform to the Código Orgánico General de Procesos is proposed, eliminating extrajudicial management for obtaining negatives and requiring judges to conduct verifications with public institutions. The implementation of digital tools to optimize judicial summons is also recommended. These reforms aim to reduce delays, improve judicial efficiency, and ensure equitable access to justice.