Digital Justice and Fundamental Rights: Challenges to Due Process in Virtual Environments

Abstract

The progressive digitalisation of judicial systems in Latin America, and particularly in Ecuador, has substantially transformed the traditional methods of accessing, managing, and resolving judicial disputes. The introduction of remote hearings, electronic case files, and digital platforms has enabled significant improvements in terms of speed and efficiency, ensuring the continuity of judicial services even under exceptional circumstances. However, this technological evolution presents important challenges regarding the protection of fundamental rights, especially the guarantee of due process, a cornerstone of the constitutional order. In virtual environments, risks arise related to the validity and authenticity of procedural acts, the integrity and reliability of evidence, the correct identification of the parties, the effectiveness of judicial immediacy, and the full respect of the principle of contradiction. Digital justice must be implemented within a robust legal framework and updated jurisprudential criteria to ensure that technology serves as a facilitative tool rather than a source of infringement upon procedural guarantees. Thus, this research, conducted under a rigorous systematic review method in accordance with PRISMA 2020, critically analyses these tensions and proposes that the technological transition should not be a mere mechanical transfer but rather an opportunity to strengthen and adapt due process to contemporary demands, always preserving the effective protection of fundamental rights within the Ecuadorian judicial sphere.