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

Abstract

Abstract: The present research aims to identify the parameters of judicial motivation in a contentious-administrative judgment, specifically case No. 09802-2022-01240, heard by the District Tribunal of Contencioso Administrativo in Guayaquil, Ecuador. In this proceeding, the legal representatives of Jellyfish S.A. sued the Ministry of Transportation and Public Works, together with the State Attorney General, claiming violations of their rights due to a 2016 declaration of public utility that was never notified to them regarding their property in Posorja. According to the plaintiffs, this omission prevented the full use and enjoyment of the land, seriously affecting investments in infrastructure for the processing of dehydrated marine products (jellyfish), generating alleged economic damages exceeding two million dollars. They sought a declaration of objective State liability for the failure to negotiate, timely pay compensation, and comply with the Inter-American Court of Human Rights ruling in Salvador Chiriboga v. Ecuador. This study will therefore analyze the sufficiency and quality of the judgment s motivation considering the standards established by the Constitutional Court of Ecuador in judgment No. 1158-2021, free from defects that might impair the guarantee of effective judicial protection in matters of expropriation and State patrimonial liability.