Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador.

Abstract

Abstract: This degree work analyzes the motivation of the judgment of protection action No. 23281-2021-01230, presented by doctors hired for occasional services by the Ministry of Health (MSP), who alleged the violation of their rights to work, legal certainty, equality and non-discrimination due to the omission of the MSP to call for the merit and opposition competition. This jurisdictional guarantee was the mechanism used to demand compliance with their constitutional rights in the face of administrative omission. The judge of first instance decided favorably, ordering the completion of the competition and the establishment of the execution schedule. The single chamber of the provincial court of Santo Domingo confirmed the ruling in the second instance, thus consolidating the validity of the reasoning and judicial action. This analysis helps to strengthen the understanding of judicial decisions as effective mechanisms for the protection of fundamental rights against administrative omissions.