Browsing by Author "Espadero Bermeo, Evelyn Dayana"

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    La deformación del contenido de la prueba documental a través de los medios electrónicos en los procesos que regula el COGEP
    (Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-02) Espadero Bermeo, Evelyn Dayana; Torres Rodas, David Fernando
    This research work develops the analysis of the possible deformations of the content of the documentary evidence through electronic means within the judicial processes regulated in the General Organic Code of Processes (COGEP) and in the Law of Electronic Commerce, Signatures, Data Messages (LCE). The rise of the digital era in our society and in the administration of justice has allowed the adaptation of technology in the procedural field, integrating and recognizing the validity of electronic documentary evidence, however, its evolution and insertion in the procedural field has required certain caution as it is information through digital media that in its nature is likely to be altered and manipulated. This is why, in the study that focuses the research is to identify both the electronic media recognized in the current regulations as data messages, audio and video recording, electronic signatures, electronic document, digital files and computer expertise and procedural regulation focusing its admissibility, validity and valuation. Finally, based on the study of both laws and constructive observations, mechanisms are proposed to guarantee reliability in the electronic documentary evidence, generating proposals such as normative reforms, education and training of judges and justice assistants, as well as the implementation of technological tools in the judicial processes to guarantee the protection of principles and fundamental rights.