Expediente electrónico. ¿Realidad o ficción?

Abstract

Law 1437 of 2011, (Code of Administrative Procedure and Contentious Administrative Proceedings), which became effective on July 2, 2012, established in the paragraph of article 186 that "The Administrative Chamber of the Superior Council of the Judiciary shall adopt the measures necessary so that within a period not exceeding five (5) years, counted from the effective date of this Code, it is implemented with all the technical conditions necessary the electronic judicial file ". In the same sense, Law 1564 of 2012 was manifested, which indicated that the Superior Council of the Judiciary should implement the digital justice plan. However, five (5) years after the aforementioned regulations came into force, the judicial branch has not implemented the electronic file or the digital justice plan. Therefore, it is necessary to investigate the causes for which the mandates indicated in the standard have not been complied with and to be able to determine whether the technological project has a vocation for prosperity in the short, medium or long term. The research will analyze the cases of Spain and Brazil as benchmarks of comparative law in order to establish technological advances in these countries.