Análisis de los vacíos legales en las notificaciones electrónicas judiciales del código orgánico general de procesos en Ecuador: Propuestas para el fortalecimiento de la seguridad jurídica

Abstract

Abstract: This study analyzes the electronic notification system regulated by the General Organic Code of Processes (COGEP) in Ecuador, focusing on its legal, technical, and operational gaps and their impact on legal certainty and equitable access to justice. The overall objective was to identify these shortcomings with the goal of proposing regulatory and operational reforms to improve the system's effectiveness, validity, and coverage. To this end, a mixed-method approach was employed: qualitative, through documentary and comparative analysis of national and international standards; and quantitative, through surveys of legal professionals. The results revealed imprecise legal provisions, a lack of technological interoperability, connectivity problems, and access barriers, especially in rural areas. It was also found that the current system does not fully guarantee legal certainty or the right to due process. In conclusion, a comprehensive reform is proposed that includes regulatory adjustments, mandatory training, technological improvements, contingency protocols, and inclusive actions to close the digital divide and strengthen the current e-justice system.