ELECTRONIC NOTIFICATION IN BOLIVIAN CIVIL PROCEDURE: TOWARDS A MORE AGILE AND EFFICIENT JUSTICE

https://doi.org/10.23670/rc.2024.01.06

Abstract

The present research aims to conduct a study on the use of electronic notifications in Bolivia, identifying their normative sources, jurisprudential elements and effective application in due process in the ordinary jurisdiction more properly in civil and commercial matters, demonstrating that their use is an effective and efficient instrument to guarantee the litigant world the fulfillment of the principles of speed and procedural impulse, seeking to achieve a prompt, timely and effective administration of justice, consequently it is a suitable tool to reduce procedural delay. The research used the empirical factual model, since it studied the application of telematic means in civil and commercial processes. Finally, the deductive method was used, which studies the problem from the general to the particular, for the case that concerns us, a general analysis of the procedural principles, the means of procedural communication in civil matters, as well as the programs authorized to carry out notifications. As for the main findings, it has been possible to show that most of the judicial officials know the Hermes notification system, but that they do not use this tool due to different factors among which stand out the lack of logistical support, official assets and especially the obligation that assigns the procedural norm to the parties to go to court physically, making use of WhatsApp when the parties have indicated their phone number voluntarily.