CRIS :: Universidad Indoamérica

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Digital justice in shaping judicial impartiality through cognitive biases
(2025)
Tatiana Saltos-Hidalgo
;
Alex Fabián Mejía-Sandoval
;
Albuja Urvina, María Gabriela
;
Anthony Gaon-Cajamarca
Introduction. Digital justice integrates technological tools into judicial processes, thereby improving efficiency and access to justice. However, it also introduces significant challenges related to cognitive biases and judicial impartiality in virtual hearings. Objective. This study aimed to analyze the impact of virtual hearings on procedural rights and judicial impartiality in Ecuador. Materials and methods. A sample of 1,020 first-instance judicial rulings from Quito in 2023 was selected, focusing on constitutional protection actions. Aspects such as the resolution time of cases and the frequency of virtual or hybrid hearings were analyzed and compared to outcomes in second-instance appeals. Results. The findings indicated that virtual hearings increased the average resolution time compared to in-person hearings and led to a rise in cognitive biases due to technological limitations. Conclusions. While digital justice enhances efficiency, it also introduces risks of bias that may affect judicial impartiality. The absence of non-verbal cues and reliance on technology restrict a comprehensive assessment of the parties, particularly impacting vulnerable individuals in virtual hearings.
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Jurisprudence on sustainable development in Ecuador: an analysis of judicial rulings and environmental challenges
(2024)
Saltos-Hidalgo, Tatiana
;
Albuja Urvina, María Gabriela
;
Alex Fabián Mejía-Sandoval
;
Anthony Gaon-Cajamarca
Sustainable development in Ecuador faces a significant challenge due to the lack of jurisprudence that integrates sustainability principles into judicial decisions, compounded by the prevalence of environmental conflicts and the absence of specific studies. This study aimed to analyze how Ecuadorian courts applied these principles in their rulings on protective actions resolved in the Northern Judicial Complex of Quito, to identify decision-making patterns and potential cognitive biases in the adjudication process. The analysis adopts both a quantitative and qualitative approach to 1,020 cases resolved in 2023. The systematic review considers the legal and environmental context, as well as a detailed examination of judicial rulings to assess the application of sustainable development principles. Cases were classified based on the dimensions of sustainable development to which the violated rights were linked. The results indicated that a total of 156 accepted cases directly declared the violation of economic, social, cultural, and environmental rights, with 1 case indirectly involving environmental protection. This represents 15.29% of the total reviewed cases and 56.32% of the accepted cases. Of the total, 98.72% were linked to the economic and social dimension, while only 1.28% corresponded to the environmental dimension of sustainable development. Ecuadorian courts demonstrate a low level of integration of sustainability dimensions in their rulings, hindering the progress of sustainable development in the country. The ambiguity in defining these principles increases judicial discretion and the likelihood of biases in decisions. Therefore, a more systematic approach and ongoing training are needed to help judges avoid biases in their rulings
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