La falta de motivación de las decisiones judiciales en el proceso civil ecuatoriano y la vulneración de los derechos de libertad y de protección de los justiciables.

Abstract

This work is made with the purpose of knowing the implementation of constitutional and legal principle of motivation of judicial decisions, judgments and orders that are pronounced in the civil process, and how this situation affects the enjoyment of fundamental rights therefore citizens entitled: Lack of motivation of judicial decisions in the Ecuadorian civil process and violation of the rights of freedom and protection of litigants. It is a conceptual, doctrinal, legal and factual study through which it is determined that in the conduct of civil proceedings in Ecuador, does not hold to the principle that judicial decisions should be properly motivated. The contribution provided by the study is the realization of a transcendental principle for the observance of due process and the approach of a proposal through which seeks to ensure that motivation is fulfilled unerringly in all decisions made in civil proceedings, as a guarantee for the effective protection of the rights of individuals.