Análisis crítico de su autenticidad, admisibilidad y cadena de custodia tecnológica como garantías del debido proceso bajo el COGEP

Abstract

Abstract: This research critically analyzes autonomous digital evidence within Ecuadorian civil proceedings, focusing specifically on authenticity, admissibility, and the technological chain of custody as due process safeguards under the General Organic Code of Processes (COGEP). The study begins by acknowledging that digital media such as data messages, emails, screenshots, electronic documents, audio and video recordings, metadata, and platform logs are increasingly integral to judicial proceedings, even though their procedural regulation still presents significant areas of uncertainty. Employing qualitative, doctrinal, documentary, comparative, and empirical approaches, the research examines existing regulatory gaps in the COGEP, practices in other legal systems, and the perceptions of legal practitioners regarding the primary advantages and challenges associated with the use of digital evidence. Finally, a legislative reform is proposed to strengthen the authenticity, integrity, adversarial scrutiny, traceability, and rational assessment of digital evidence in civil proceedings.