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

Abstract

Abstract: This project covers a protection action related to a violation of the constitutional right to environmental consultation. Based on the study and analysis of a constitutional and environmental judgment, it demonstrates a failure to corroborate the facts described due to a lack of evidence. The study examined whether the judgment under study met the necessary standards regarding its motivation, as well as whether it contained structural or substantive flaws. The research was conducted using an analytical and critical approach, combining case study methodology and analyzing various legal documents on the subject. This project contributes to the debate on the problem of substantiating the facts described, with the respective burden of proof not only on the defendant but also on the plaintiffs when using the legal tool known as a protection action. Adequate motivation, along with its corresponding legal and factual burden, to ensure effective judicial protection is a fundamental conclusion in the completion of this work.