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

Abstract

Abstract: The research of the ICT work arises from the lack of uniform criteria to evaluate the motivation of administrative contentious judgments, a gap that compromises legal certainty and public interest. The problem encompases the motivational insufficiency, analyzed in judgment no. 11804-2018- 00275 jssued by the Contentious Administrative Court in the case CELEC EP against Juan Ramon Astudillo. The objective was to evaluate the motivation of judgments. The gualitative and quantitative methodology included documentary analysis based on; judgments, appeals, regulations, comprehensive reading of the EL SER method, schematization (Atirnza, 2013), and evaluation oj motivational sufficiency. The results show a solid motivation, effective legaly control and the correction of a material error by Article 100 of the COGEP, despite the inappropriateness of the reform appeal. The findings highlight the importance of judicial pressure and the action of lesividad as a tool for the protection of the public interest. It is recommended to implement audits in public contracting, standerdize error corrections and issue jurisprudential guidelines to stardarzie criteria for lesivity.