Faceless justice or protected justice? Digital avatars in high-risk hearings in Ecuador

Abstract

The approval in Ecuador of institutional digital avatars for high-complexity and high-risk remote hearings creates an unprecedented tension between judicial security, biometric protection and due process guarantees. This study aimed to assess the constitutional and conventional compatibility of the measure and to identify safeguards capable of preventing visual anonymization from becoming jurisdictional anonymity. A qualitative, legal-dogmatic and documentary design was applied through the analysis of Ecuadorian legislation, Inter-American case law, international guidance and peer-reviewed literature on remote justice and procedural justice. The findings show that the measure pursues a legitimate aim when judicial officers face verifiable threats, but its validity depends on exceptionality, reasoned authorization, proportionality, legal identification of the judge, technological authentication, preservation of adversarial participation and data protection by design. The study proposes a Controlled Visual Anonymization with Dual Traceability Model, combining jurisdictional and technological traceability. It concludes that a judge’s face may be protected when an objective risk exists, but the legal identity, competence, accountability and human presence of the person exercising judicial power must remain verifiable.