Motivación En Las Sentencias Emitidas Por Los Jueces De Primer Nivel En Ecuador

Abstract

Abstract: This research paper analyzes the motivation behind judicial rulings, using as a case study the habeas data rulings in Case 17295-2020-00105 filed by plaintiff Ola Bini. This analysis of the ruling's motivation highlights its importance in judicial decisions. Regarding the present case, the judge's motivation was insufficient, with a series of motivational flaws such as inconsistency, inadequacies, and a lack of proper normative and factual grounds. As a result, fundamental rights such as privacy and intimacy were violated, as well as rights such as due process and legal certainty. Its contributions include the scope of habeas data as a jurisdictional guarantee and how judges should be more rigorous with their motivation in rulings, promoting transparency, and strengthening due process. In conclusion, this thesis provides several practical criteria for adequate judicial motivation and strengthening the justice system in Ecuador.