Motivación en las sentencias emitidas po

Abstract

Abstract: The purpose of this research paper is to conduct a critical and legal analysis of the rulings issued by first- and second-level judges, as well as by the Constitutional Court, in the habeas corpus action filed by Ana Beatriz Burbano in favor of Estrellita the monkey, a wild animal that lived with a human family for over 18 years. The analysis focuses on verifying whether the decisions respected the constitutional principles of due process, effective judicial protection, sufficient motivation, and adequate assessment of the facts and evidence. The lower courts rejected the action, arguing that Estrellita had died before the lawsuit was filed and that there was no living being whose freedom could be protected. This formalistic interpretation of Article 89 of the Constitution ignored aspects such as the animal's sentience, the emotional bond, and the possible arbitrary and abusive treatment during the confiscation. The Constitutional Court, on the other hand, expanded its analysis and declared that imprinted wild animals are subjects of law, mandating protocols for their protection. The investigation concludes by arguing that it is necessary to overcome judicial formalism and move toward more guarantee-based jurisprudence.