Digital justice in shaping judicial impartiality through cognitive biases

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.