La validez jurídica de los dispositivos de control automatizado (fotorradares) como prueba digital: incidencia en el debido proceso de las contravenciones de tránsito en Cuenca

Abstract

This study analyzed the legal validity of records generated by speed cameras as incriminating evidence in traffic offense proceedings in Cuenca, considering their technical requirements and compatibility with the presumption of innocence, the right to defense, and the adversarial principle. A qualitative approach was applied through a legal-dogmatic, documentary, jurisprudential, and analytical-critical design. The corpus comprised eight local proceedings decided between 2021 and 2023, supplemented by legislation, scientific literature, and constitutional precedents. The findings showed that judicial reasoning focused on notification and the timeliness of challenges: seven decisions were unfavorable because they were filed out of time, while one ordered the case closed due to ineffective notification. None of the rulings provided a comprehensive assessment of the digital file, its metadata, traceability, type approval, calibration, or margin of error. An integrated standard combining metrological validity, digital integrity, adversarial examination, judicial reasoning, and burden of proof is proposed.