La valoración de la prueba digital y la motivación en el proceso civil ecuatoriano

Abstract

This research paper analyzes the assessment of digital evidence and judicial reasoning within Ecuadorian civil proceedings. The relevance of this topic arises from the incorporation of digital media, considering the absence of a unified regulatory protocol governing the admission, verification, and evaluation ofthis type of evidence, thereby creating legal gaps that compromise the legal certainty of the parties involved and the legitimacy ofjudicial decisions. Within the legal framework, this study examines the Constitution of the Republic of Ecuador, the General Organic Code of Processes, and the Electronic Commerce, Electronic Signatures, and Data Messages Law, as well as a comparative analysis of international regulations from Spain, Colombia, Argentina, the United States, and the European Union, taking into account the existence of specific regulations and solid technical protocols. Furthermore, Constitutional Court Judgment No. 1158-17-EP/21 is analyzed, as it establishes sufficient reasoning and reasonableness as standards for judicial motivation. The research adopts a qualitative approach combined with documentary analysis, legal and doctrinal review, and the application of interview guidelines conducted with ten civil judges from the Ambato Judicial Complex. This made it possible to identify the legal criteria applied in practice, the existing complexities surrounding digital evidence, and the current capacities of the judicial system. The information obtained was systematized through the ATLAS.ti tool, facilitating the analysis ofthe interviews and obtaining relevant and concise information. The findings revealed that digital evidence possesses particular characteristics such as intangibility, volatility, and ease of reproduction, Which require specialized technical mechanisms for its proper handling. Finally, it was determined that although Ecuadorian legislation recognizes digital evidence, there are still legal gaps regarding its admission, preservation, and evaluation within Ecuadoriancivil proceedings.