La eficacia jurídica de la citación judicial por prensa escrita y radio en el Ecuador frente al derecho de defensa en la era digital

Abstract

This research addressed the problem of the legal effectiveness of court summonses served via print and radio in Ecuador, analyzing their compatibility with the right to a defense and due process in the digital age. It identified that, in a constitutional state governed by the rule of law and justice, court notification is a substantial formality that activates the procedural relationship between the parties, and its improper application generates situations of material defenselessness that violate fundamental constitutional guarantees. A qualitative research design with a descriptive and analytical scope was employed. The methodology was based on documentary and legal review, comparative law analysis, case studies, and jurisprudence issued by the Constitutional Court of Ecuador. The results showed that notification via print media has lost its effectiveness in ensuring effective awareness of judicial proceedings due to the shift in information consumption habits toward digital platforms and the progressive disuse of traditional print media. It was concluded that regulatory reform and the adoption of specific protocols are necessary to harmonize procedural formalities with current technological reality and strengthen effective judicial protection.