The guarantee of due process and the practice of evidence in telematic hearings

Abstract

The implementation of telematic hearings during the pandemic has been a valuable tool to connect the procedural parties with the judge, streamlining judicial procedures. However, this change presents challenges in terms of respecting due process guarantees, especially in terms of authenticity of information and protection of personal data. Due process guarantees respect for the fundamental rights of people and regulates judicial acts and procedures. The implementation of telematic hearings has raised concerns about the technical quality of the connection, the security of the information and the lack of physical interaction to evaluate the credibility of the testimonies. The research methods used include observation to determine regularities in the hearings, bibliographic review to analyze relevant documents, and expert judgment through interviews and surveys. Likewise, methods such as analysis-synthesis and inductive are used to delve into the impact of procedural guarantees, lege ferenda to propose legal modifications, and historical-logical to evaluate compliance with guarantees and possible solutions. To address these concerns, a modification to the General Organic Code of Processes is proposed, establishing clear protocols that include verification of the identity of the declarant, the prohibition of reading notes during the declaration, and the possibility of applying additional verification in case of measures of doubts about the authenticity of the information. The proposal seeks to guarantee the integrity of the judicial process in telematic hearings, ensuring respect for the principles of due process and equal conditions for all parties involved.