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

Abstract

Abstract: The present research addresses the critical analysis of a first level judgment issued in the context of a protection action filed by the then Mayor of the Metropolitan District of Quito, Jorge Homero Yunda Machado, after his removal by the Metropolitan Council's Bureau Commission, which allows reflecting on the process of this for an elected authority. The study focuses on examining the judicial motivation of the resolution, assessing whether it complies with the standards required by the Ecuadorian constitutional order, especially regarding the right to due process and the guarantee of impartiality. By means of a qualitative and legal methodology, deficiencies were identified in the argumentation of the ruling, such as insufficiency and incomprehensibility, which calls into question its legal validity. It was also found that an appeal was filed, a suitable procedural mechanism for a second instance judge to review and correct the decision. The work contributes to the understanding of the motivation as a constitutional guarantee and to the need to issue clear, well-founded and legitimate sentences for the effective protection of rights.