Regulation of the information technology to the service of the judicial branch: Necessity, reality or illusion?

Abstract

This article gives an account of the regulation in the Colombian judicial system about the functioning of the judicial branch through electronic means as a way to make effective the compliance of procedural principles such as gratuity, guarantism, and agility in the effective search of the functioning of the legal apparatus. The necessity of information technology advances in the service of the judicial branch has not been supported from a governmental policy provider of investment and projects that materialize the inclusion of the information technology system in the administration of justice; moreover, there is not a legal development permitting to carry out a legal process through electronic means, except the modification to the articles 315 and 320 of the law 794 of 2003, that included the electronic notification, a normative advance that to date has not been adopted, turning into dead letter such disposition, in contrast with the fast development of the commerce and the growing surge of business and commercial societies in the form of virtual businesses which have their operative address not in a physical facility but in a virtual one.