The regulatory framework for telematics rooms in children's rights in Venezuela

Abstract

In Venezuela, the management of justice has embraced the introduction of ICT in the current decade, as a result of jurisprudential development that has made the adjustment of processes feasible. To this end, it is essential to take into account the constitutional postulate on due process (Article 49), which is considered a guaranty and a fundamental right that allows all litigants access to a fair, equitable, and impartial process. The objective of the research was to analyze the regulatory framework of telematic courts as a guaranty of due process in the law of childhood and adolescence in Venezuela. The methodology was qualitative-explanatory in nature, of a dogmatic legal type. Among the results, it stands out that the due process guarantyd in the Constitution is directly related to the conduct of telematic hearings in matters concerning minors, as it allows the judge to appreciate and evaluate, thru immediacy, the expressions, opinions, and arguments of the opposing party from the judicial seat. It was concluded that the implementation of telematic rooms in matters concerning minors requires, as a matter of urgency, specific and detailed regulation that currently does not exist. This would prevent any type of bias and clearly delineate the development of telematic hearings, as a guaranty of the due process of minors.