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

Abstract

Abstract: This Curriculum Integration Project analyzes Judgment No. 23571-2019-01605, issued within the framework of a protection action as a constitutional mechanism for the protection of rights. This jurisdictional guarantee was brought by former employees against the company F.P.C.A. and the Ecuadorian State for the violation of the fundamental rights of its workers and their families. The development of this project focuses on the analysis and understanding of the legal reasoning of the judgment, identifying how the court addressed the violation of fundamental rights and applied constitutional and international principles to guarantee the protection of those affected. The methodology employed was qualitative, based on documentary analysis of the judgment, constitutional regulations, international instruments, and specialized doctrine. This work contributes to strengthening the legal analysis of the protection action, and the understanding of how a motivation is structured in Ecuador to define a sentence, as well as the analysis of the effectiveness of judicial mechanisms in preventing structural violations of human rights.