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

Abstract

Abstract: This curricular integration project examines judicial motivation as an essential guarantee of due process within the Ecuadorian legal framework, emphasizing its role in the effective protection of fundamental rights. It analyzes doctrinal standards regarding sufficient and correct motivation, as well as the flaws that affect it and their legal consequences. Based on this theoretical foundation, a constitutional ruling issued in a protection action filed by a pregnant public servant is studied. The distinctive element of this ruling lies in the application of the principle iura novit curia, whereby the judge identifies, beyond the arguments of the parties, an institutional omission as the cause of the rights violation. This line of reasoning allowed the action to be partially upheld, recognizing the infringement of the rights to work without discrimination, to special protection, and to breastfeeding.