Electronic public instruments: Their validity, their evidentiary value and their procedural materialization

Abstract

This article analyzes, from a normative and doctrinal perspective, the effects generated by the lack of harmonization between the Código Orgánico Administrativo (Administrative Organic Code) and the Código Orgánico General de Procesos (General Organic Code of Procedures) regarding the certification and materialization of electronic public instruments in Ecuador, and its impact on their legal validity, evidentiary effectiveness, and application within judicial proceedings. The study employs a qualitative approach supported by analytical–synthetic, exegetical, hermeneutical, and comparative methods, which make it possible to interpret the scope of the applicable regulations and examine the tensions arising from divergent criteria on certification authority and the need for materializing electronic documents. The findings reveal that such normative disarticulation creates legal uncertainty, limits institutional interoperability, and restricts the evidentiary effectiveness of electronic public instruments in judicial contexts. Furthermore, various international regulatory developments highlight the importance of adopting principles of functional equivalence, coherent regulatory frameworks, and uniform technological standards to ensure the secure, effective, and adequate use of electronic documents within justice systems. The study concludes that strengthening normative coherence is essential to guarantee efficient and legally reliable electronic document management in Ecuador’s judicial sphere.