Illegality of Telematic Hearings in Evidence Assessment Processes as an Affectation of Due Process


  • Pablo Mariano Ojeda Sotomayor Universidad Regional Autónoma de Los Andes, Extensión Quevedo-Ecuador
  • Gaspar Santos Manaces Esaud Universidad Regional Autónoma de Los Andes, Extensión Quevedo-Ecuador.
  • García Sánchez Geoconda del Rocío Universidad Regional Autónoma de Los Andes, Extensión Quevedo-Ecuador


Telecommunications have experienced a transcendental boom since the beginning of the 21st century, addressing various aspects of life, including legal sciences, particularly in procedural matters. In this regard, it is necessary to mention that telecommunication aims to facilitate and enhance communication among individuals, with distance or the inability to be physically present being sufficient reasons to employ this resource. From a legal standpoint, teleconferencing has marked the birth and consolidation of a national and international procedure aimed at administering justice, preserving the fundamental rights of individuals, specifically due process and effective judicial protection—fundamental institutions for the exercise of justice and the rule of law (Portes 2021). Consequently, changes in justice systems must align with the legality of forms and substantive processes seeking to adapt to the new realities of the world. In modern times, communication operates on a high level, enveloping legal and judicial assistance activities, such as electronic evidence, the security and crimes of these systems. The emergence of new offenses and their regulation underscores the centrality, fluidity, and necessity of studying, regulating, and properly implementing digital and telematic activities to achieve the objective of justice (Ojeda 2021). This research aims to study the social and legal phenomenon, particularly in the case of teleconferences. While it has undoubtedly alleviated the procedural burden for state institutions, it has generated the need for a thorough, critical, doctrinal, and jurisprudential analysis of the negative effects and shortcomings that such communication means pose for the administration of justice and respect for the rights of parties in various legal processes where this resource may prove useful. Consequently, the implementation of such a communicative medium as a legal fact necessitates considering its acceptance and accommodation over time. This allows for the correction of errors and flaws that may lead to disruptions in the development of different procedural stages where the telematic medium is used to expedite and streamline judicial processes. The experience gained over time will guide the correction of present violations and irregularities concerning the application of internationally recognized fundamental rights and constitutional guarantees, with due process being the focal theme in this investigation. The violation of these constitutional and procedural rights and guarantees motivates an in-depth investigative effort from a legal hermeneutics perspective, examining each of the principles considered violated in teleconferences. Therefore, for the development of this thesis, it is essential to bring forth significant state-of-the-art contributions on the central axis of the doctoral work. In this context, Aguilar (2021) conducts research titled "Teleconferences and their Possible Violation of Due Process," analyzing the relevance of the applicability of teleconferences in judicial processes of the Ecuadorian state. It highlights, among other things, the violation of the principles of immediacy and contradiction in the processes, emphasizing the need to improve technical aspects regarding the utility of virtual processes to achieve a better understanding of procedures without compromising constitutional principles and guarantees.




How to Cite

Pablo Mariano Ojeda Sotomayor, Gaspar Santos Manaces Esaud, & García Sánchez Geoconda del Rocío. (2024). Illegality of Telematic Hearings in Evidence Assessment Processes as an Affectation of Due Process. Kurdish Studies, 12(1), 4680–4687. Retrieved from

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