La garantía de la motivación de conformidad al literal l) numeral 7 del art. 76 de la constitución de la república del ecuador

Abstract

Abstract: This paper, entitled: The Guarantee of Reasoning in Pursuance of Article 76, Section 1) of the Constitution of the Republic of Ecuador, aims to analyze the function and scope of the Guarantee of Reasoning as a pillar of due process. It examines much of the jurisprudence related to this topic. This guarantee requires that all decisions by public authorities be duly substantiated, which inevitably unequivocally renders judicial and administrative processes transparent and ensures their legitimacy. This paper is based on the standards developed by the Constitutional Court of Ecuador to resolve meritorious matters related to the guarantee of reasoning. It seeks to identify criteria for sufficient reasoning, as well as the standard of sufficiency, and the motivational flaws that can invalidate an argument, such as incoherence, inconsistency, and incongruity. The research concludes that a rigorous analysis of these standards is crucial for protecting the right to defense, preventing arbitrariness, and strengthening the rule of law in the country.