Las audiencias telemáticas en materias no penales aplicadas en épocas de emergencia, regla o excepción, ventajas y desventajas

Abstract

The objective of this academic work is to analyze the implementation of telematic hearings in times of emergency, only in non-criminal matters, the advantages and disadvantages of its development as well as whether the use of technological and telematic means for this could be considered. procedural act or should continue to be implemented as an exception to the rule, for these three chapters are addressed, in which both the legal and doctrinal bases for implementation as well as the different protocols and resolutions issued for the use of telematic hearings will be analyzed. In the first chapter on generalities, we focus on the study of issues such as the Ecuadorian procedural system, constitutional principles and due process, as well as the analysis of the principle of speed and its impact on telematic hearings. To continue, in the second chapter we will focus on the analysis of telematic hearings, their concepts, applicable principles, characteristics of this type of hearing as well as the advantages and disadvantages of its implementation as a rule. To end with the analysis of the regulations established in the COGEP on hearings, the different resolutions issued for the application in the time of health emergency by Covid-19, in addition to the protocols for the optimal development of these hearings. In accordance with these bases, at the end of the work there will be a legal criterion on what the challenge of implementing telematic hearings as a rule meant.