Análisis comparativo de la regulación y valoración de la prueba electrónica en el Código Orgánico General de Procesos del Ecuador frente a las legislaciones de México, Panamá y Perú

Abstract

Abstract: This degree thesis carries out a comparative analysis of the regulation and evaluation of electronic evidence in the General Organic Code of Proceedings (COGEP) of Ecuador, in contrast with the legislation of Mexico, Panama and Peru. The growing digital evolution has boosted the use of electronic media as evidence in judicial proceedings, which poses challenges in its admission, authenticity and valuation. The analysis identifies how these countries have addressed the acceptance of electronic evidence in their legal frameworks, exploring key aspects such as chain of custody, reliability of digital data and training of legal operators. It is highlighted that, although Ecuador has taken steps towards the regulation of this type of evidence, there are regulatory gaps that can generate legal uncertainty and affect the administration of justice. Through a comparative and analytical method, the research examines the similarities and differences between the legal systems studied, evaluating the alignment of their regulations with international standards. Finally, the work proposes recommendations to optimize Ecuadorian legislation, guaranteeing a clearer, safer and more effective regulatory framework for the incorporation of electronic evidence in judicial proceedings, for which purpose comparative legislation will be used using the analytical and comparative method.