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

Abstract

Abstract: This paper analyzes Judgment No. 17811-2020-01305 of the Administrative Court of Quito, which declared null and void a personnel action for the purchase of a resignation with the compensation issued by the Provincial Government of Chimborazo against Mario Campoverde, ordering his reinstatement and payment of wages. The general objective is to evaluate whether the reasoning of the judgment meets the standards of sufficiency and correctness, verifying the adequate control of legality over an administrative act based on a norm subsequently declared unconstitutional (Judgment No. 26-18-IN/20 CCE). The methodology is qualitative, analytical-hermeneutical, and dogmatic-legal, using the method of judgment reasoning analysis, the "EL SER" technique, and questionnaires on the standard of sufficiency and correct reasoning. Among the findings, the judgment presents sufficient and correct reasoning, without defects of non-existence, insufficiency, or appearance; its normative and factual basis is complete, coherent, and in accordance with constitutional supremacy. In conclusion, the ruling constitutes a model of sound judicial reasoning that effectively protects job security and due process, thus confirming its finality after the dismissal of appeals.