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

Abstract

Abstract: In this research paper, an exhaustive analysis was conducted of Judgment No. 09U01-2022-00168 issued by the Judicial Branch of Ecuador, within the framework of the Protection Action filed against BanEcuador B.P., for the violation of the constitutional rights of 32 plaintiffs: Right to Legal Security and the Principle of Legality, Right to Due Process in the Guarantee of Motivation, Right to Work and Job Security, and Right to Defense. The judgment focused on determining how the violation of constitutional rights undermines job security, equality, and merit-based access to public service for employees with indefinite contracts. Through doctrinal development in the areas of Constitutional Law and Labor Law, the admissibility of the Protection Action as a direct and autonomous guarantee for the restoration of their rights is substantiated. The main contribution of this work lies in establishing a solid criterion for analyzing the reasoning behind the first instance judgment, which serves as the main basis for the judgments issued.