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

Abstract

Abstract: This paper analyzes the judgment issued in case No. 07335-2024-00163 by the Provincial Court of Justice of El Oro, which resolved a constitutional protection action filed by the mining company F D S D R S.A. against ARCERNNR. The investigation examines how the procedural omissions of the administrative authority violated fundamental constitutional rights, specifically when it issued a resolution authorizing a mining easement without prior notification of the supporting technical reports and without conducting an expressly granted technical inspection. Using the EL SER method, it is demonstrated that the lack of sufficient and correct justification constitutes a substantial violation of due process enshrined in Article 76 of the Ecuadorian Constitution, preventing the effective exercise of the right to defense. The appeals court, applying a rights-based interpretation, overturned the initial ruling and ordered the administrative procedure to be restarted, establishing a significant precedent on the limits of administrative power and reaffirming that all state action must be transparent, consistent, and respectful of constitutional principles.