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

Abstract

Abstract: The guarantee of motivation is one of the most widely used constitutional mechanisms by the Constitutional Court. Its broad relevance and consideration have a considerable impact on constitutional law. The criteria previously used by the Court logic, reasonableness, and comprehensibility have been insufficiently considered. With the expansion of new elements and parameters, it seeks to provide greater protection and consideration with guiding criteria, such as motivational deficiencies. These new parameters adapt and expand the concept of motivation and do not seek to ignore the Court's previous parameters, but rather to expand knowledge for greater protection of the guarantee of motivation. The ruling seeks to emphasize that motivation should not aspire to be "correct." Motivation will always aim to be "sufficient." Based on its decisions, motivation will seek to meet basic fundamental requirements that allow for greater protection of rights. Previous criteria are also highlighted, emphasizing the absence and inadequacy of motivation. The consideration of a sufficient but incorrect guarantee is also highlighted, which is a consideration that violates the motivating guarantee.