Discrecionalidad judicial y seguridad jurídica en el ocultamiento de datos personales dentro del sistema E-SATJE

Abstract

The present research is framed within the existing legal tension between the principle of judicial publicity and the right to personal data protection within the E-SATJE system, stemming from the discretion introduced by Resolution 043-2024 of the Judiciary Council, which ultimately undermines legal certainty as a constitutional right recognized by Article 82 of the Constitution. The legal issue translates into the absence of clear and objective criteria for the concealment of personal data, which can undermine the right to legal certainty recognized in Article 82 of the Constitution of the Republic of Ecuador; in this context, the general objective set for the research was to analyze the impact of judicial discretion on the right to legal certainty in the procedure for concealing personal data within the E-SATJE system through Resolution 043-2024 issued by the Judiciary Council. In order to achieve this objective, the methodology applied followed a qualitative approach, which was duly supported by doctrinal, regulatory, jurisprudential, and practical case reviews. For these reasons, the results of this work were able to demonstrate that Resolution 043-2024 has generated, within social reality, contradictory judicial responses to similar situations, because it leaves the concealment of data subject to the subjective assessment of the judge, a fact that ultimately produces legal uncertainty and affects regulatory predictability.