Determination of technical and legal criteria to strengthen virtual oral proceedings in Ecuadorian judicial hearings

Abstract

The study addresses the implementation of virtual oral proceedings in the Ecuadorian judicial system, highlighting their relevance as a modern mechanism to ensure timely access to justice, especially in contexts of emergency or limited physical presence. It arises from the research question: How do normative, technological, and procedural factors affect the quality of virtual oral proceedings in Ecuador? The general objective was to identify these factors in order to propose guiding criteria to strengthen this model. Using a mixed-method approach and a nonexperimental design, surveys and interviews were conducted with procedural law experts in Guayaquil, along with direct observation, document analysis, and comparative law methods. The results show that although virtual oral proceedings speed up certain processes, they face structural limitations such as the digital divide, lack of training, and weak regulation. The current video hearing protocol received low ratings, as it does not fully guarantee principles such as immediacy and contradiction. In response, a set of guiding criteria was developed, focused on three axes: digital inclusion, procedural speed, and continuous monitoring. Key proposals include remote judicial access centers, contingency protocols, automation of pre-hearing procedures, and the creation of a Virtual Justice Observatory. Expert validation rated the proposal as consistent, highlighting its relevance, feasibility, and impact. In conclusion, strengthening virtual oral proceedings requires comprehensive institutional decisions that ensure efficiency, equity, and respect for due process in digital environments.