Examinando por Materia "Decreto 806 de 2020"

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    Ítem
    Análisis Decreto 806 de 2020 y Código General del proceso, cambios en el sistema procesal oral
    (Universidad EAFIT, 2021) Montoya Díaz, Jenny; Posada Botero, José David
    This monographic study will address the key new ideas of Decree 806 of 2020, which implements information and communication technologies in judicial actions carried out in Colombia. Also addressed is the response to the atypical circumstances generated by the pandemic in order to guarantee the people's access to justice. The intention, in relation to the General Code of Proces, is to analyze the relationship in the development of procedural acts while also examining the processes which have been changed and the impact that those changes generate within the oral procedural system. Initially, the study and review of this decree will be approached bearing in mind one of the objectives of this investigation, which is to determine if the provisions of the decree have allowed orality to be consolidated as the preponderant procedural system in the administration of justice before the judges. civil and family, or if, on the contrary, it has not achieved this effect and has led to it weakening, bearing in mind the interaction restrictions generated by the COVID-19 pandemic. Other changes will also be addressed that, although they are not directly related to orality, as they are more linked to the written phases of the process, it is considered that an improvement of the standard of the administration of justice should affect, such as the handling of the digital file, the way in which the powers are granted to act in the field of the jurisdictional process, the presentation of the claim and annexes, and the way in which the different procedural acts are notified.
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    Decreto 806 de 2020, el uso de la tecnología en los procesos judiciales en Colombia = Decree 806 of 2020, the use of technology in judicial processes in Colombia
    (Universidad EAFIT, 2021) Pizano Torres, José Pablo; Ceballos Velásquez, Alberto Antonio
    The Decree 806 of 2020 in Colombia was issued within the framework of the pandemic generated by Covid-19 and forced the legal community to migrate to virtuality in judicial processes, thus configuring a true E-Justice by force and form untimely. Due to the strong need of access to digital justice, this norm left out several considerations that ended up affecting the fundamental rights of the procedural subjects in judicial and administrative procedures; In addition, the litigants were not prepared or trained to migrate quickly to a digital justice system, which generated different controversies in the medium. Consequently, this monograph focuses on providing an analysis of the Decree 806 of 2020, verifying whether its permanence over time is possible and advisable, as well as highlighting the virtues of the use of technology in judicial processes in Colombia.