Telematic hearings: violation of due process and the principle of adversarial proceedings in Ecuadorian civil proceedings

Abstract

The implementation of online hearings is a valuable tool for expediting the prosecution of cases. However, this change presents challenges in terms of due process, especially in the evidentiary practice in terms of the authenticity and fidelity of the information provided by the parties to the proceedings. In addition to raising concerns about the security of the information presented by the parties to the proceedings, the lack of physical interaction to assess the credibility of testimonial evidence limits the principle of adversarial proceedings and, therefore, fails to guarantee respect for the fundamental rights of individuals in judicial acts and proceedings. This study adopted a mixed approach, combining qualitative and quantitative methodologies with various methods to obtain a comprehensive understanding of the phenomenon. These methods include observation to determine regularities in hearings, a bibliographic review to analyze relevant documents, and expert judgment through interviews and surveys. The results revealed a series of naturalized problems, challenges, and contradictions in the implementation of online hearings. Based on this, it was concluded that it is essential to promote a draft protocol for the collection of evidence in online hearings in non-criminal matters. This seeks to guarantee the integrity of the judicial process, balance procedural efficiency, the protection of constitutional principles such as the right to an adversarial process, and a level playing field for all parties involved.