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

Abstract

Abstract: This paper aims to analyze the motivation behind first-instance judgments in Ecuador, specifically judgment 11804-2016-00282 issued by the Administrative and Tax Court of Loja. This analysis also seeks to understand the legal consequences of its issuance and its relationship to the principles of the rule of law, particularly with regard to the exercise of regulatory powers within Decentralized Autonomous Municipal Governments. It concludes that proper and sufficient motivation are within the constitutional and legal parameters in force in our legal system. This analysis shows that the Mayor of Loja exceeded his authority when issuing a general regulatory act (Mayoral Resolution No. 0028-A-2016), which is the responsibility of the Municipal Council through the corresponding traffic ordinance, which violated fundamental principles such as legality, competence and the correct issuance of regulatory acts, as well as legal certainty, key elements to guarantee the rights to free mobility and transit of the inhabitants of the canton of Loja.