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

Abstract

Abstract: This academic paper analyzes Judgment No. 01371-2022-00067, issued within the framework of a protective action filed by representatives of communities in Azuay against mining concessions in the vulnerable ecosystem of Quimsacocha. The main purpose is to evaluate whether the reasoning behind this ruling conforms to current constitutional parameters, especially regarding the rights of nature, access to water, the right to prior consultation, and the guarantee of legal certainty. To this end, a methodology based on doctrinal and jurisprudential analysis is employed, applying the EL SER method, which analyzes the argumentative structure of the ruling to assess its sufficiency, precision, and coherence. The results highlight both positive aspects and limitations in the judicial reasoning and suggest recommendations to strengthen the proper interpretation of constitutional principles in the face of interests linked to mining exploitation. Finally, the work provides a critical reflection on the importance of intensifying judicial control in scenarios with high environmental and social sensitivity.