Infringement of the principle of immediacy in telematic hearings and impact on the right to a defense

Abstract

This article analyzes the problems generated by the implementation of telematic hearings in Ecuador in response to two critical events: the pandemic produced by COVID-19 and the 6.6 magnitude earthquake that occurred on March 18, 2023. These circumstances forced the Ecuadorian judicial system to adopt extraordinary measures to maintain the continuity of judicial processes, without adequate time for technological preparation or adaptation. The objective was to examine how the hasty transition to the virtual modality has affected fundamental principles of procedural law, in particular the principle of immediacy, as well as essential rights such as the right to defense. Using a mixed methodological approach, the study identifies the main shortcomings of this modality and proposes alternatives to overcome them. Among the solutions proposed is the adoption of a hybrid model that combines face-to-face and virtual elements, accompanied by legal reforms and significant investment in technological infrastructure, particularly in rural regions and those affected by disasters. This model seeks to ensure more inclusive and equitable judicial processes that are compatible with essential procedural principles. The results of this research not only identify the most relevant challenges of telematic hearings, but also propose a path towards the modernization of the Ecuadorian judicial system.