Due process and digital justice in Ecuador

Abstract

This article focuses on the study of due process and effective judicial protection in the context of digital justice in Ecuador. The procedural problem that guides the research is based on the challenges that arise in Ecuadorian digital justice to effectively guarantee the exercise of due process and effective judicial protection. The general objective is to assess the legal and technological transformation of the judicial system, from the examination of the national regulatory framework and international human rights instruments to the social and practical impact of digitalization on the access to, exercise of, and protection of fundamental rights. The article examines the doctrine of the right to due process, its constitutional regulation, and the criteria developed by national and regional case law in this field. It also reviews the right to effective judicial protection and digital justice in terms of their definition, components, evolution, the use of electronic case files, telematic hearings, evidentiary authenticity, the protection of personal data and the incorporation of artificial intelligence, as well as the regulatory, institutional and cultural challenges linked to the digital divide and resistance to change. International experiences related to this type of justice are analyzed. The methodology used is qualitative, and methods such as the analytical‑legal and comparative approaches, among others, are applied. The article concludes that digitalization creates opportunities to modernize and streamline the judicial system; however, it faces challenges in guaranteeing due process and effective judicial protection. Therefore, to ensure the exercise of these constitutional rights and achieve responsible technological governance, the article proposes actions such as updating regulations, strengthening digital training, reducing the technological gap, promoting transparency and adapting good international practices to the national context.