The principle of immediacy in evidence assessment institutional responsibility and procedural safeguards in the age of judicial digitalization

Abstract

The present study analyzed the procedural principle of immediacy within oral proceedings, evaluating its preservation in digital judicialization environments and its impact on assessing evidence and procedural nullity. A qualitative approach was applied, employing a dogmatic jurisprudential method based on documentary and case law analysis of sources published between 2022 and 2025. The results showed that the virtualization of hearings presents significant challenges to the direct perception of evidence, particularly in evaluating oral testimonies. However, it also offers opportunities to expand access to justice and optimize judicial resources. The study found that the lack of immediacy can affect fundamental procedural guarantees; however, such an impact does not automatically result in nullity unless specific prejudice is demonstrated. It was also noted that it is possible to preserve immediacy in digital environments through appropriate technologies, strict protocols, and specific regulatory reforms. In conclusion, the study reaffirmed the crucial need for the digital transformation of judicial proceedings to be grounded in a rights-protective approach. This approach harmonizes technological efficiency with the full respect of the parties’ fundamental rights, thereby ensuring procedural legitimacy in judicial modernization.