Orality in telematic hearings and its link to the principles of contradiction and immediacy in Ecuador

Abstract

The effectiveness of telematic hearings in Ecuador and their compatibility with the procedural principles of orality, contradiction and immediacy have been questioned from the perspective of compliance with due process guarantees. Therefore, the objective was to analyze how the implementation of orality in telematic hearings in Ecuador impacts the respect and effective application of these procedural principles, based on the study of cases resolved by the Constitutional Court, in order to identify the legal, technical and guaranteeing challenges faced by the justice system in the virtual context. The problems identified are based on rulings of the Constitutional Court, specifically No. 81-23-EP, No. 2037-20-EP/24 and No. 1415-21-EP/25, which show the affectation of the right to defense and effective judicial protection. The research was developed under a qualitative approach and a non-experimental design, with explanatory scope. The sample consisted of 28 participants, including judges, prosecutors, public defenders, trial attorneys and users of the judicial system in the province of Santa Elena. Semi-structured interviews and open-ended questionnaires were used. The results identified a gap between the norm and practice, highlighting technical failures, poor training and lack of protocols that affect the effective participation of the parties and direct judicial assessment, compromising the principles under study. It is concluded that, although virtuality has allowed for the continuity of the justice service, it requires a hybrid model in order to guarantee a fair process that respects fundamental rights.