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

Abstract

Abstract: This investigation analyzes the violation of constitutional rights in case No. 10281-2020-02231, resolved by the Criminal Guarantees Judicial Unit of Ibarra, in which the legality of the administrative act by which the Ecuadorian Social Security Institute (IESS) revoked the disability pension granted to citizen Inés Patricia Merino Enríquez was debated. The general objective was to determine whether the administrative action violated rights such as legal certainty, due process, and the right to a dignified life. The sample consisted of the first-level ruling issued in 2020. The analytical method was used as a basis, which was complemented by the specific application of the EL SER method to achieve the decomposition and detailed evaluation of the judicial reasoning presented, along with the implementation of techniques for document review, analysis of applicable regulations, and the use of questionnaires designed to measure the sufficiency and correctness of the judicial argumentation. The results obtained in this process revealed that the IESS applied criteria with retrospective effects without adequate justification, which resulted in the infringement of a right that had already been acquired and placed the plaintiff in a situation of defenselessness or vulnerability. It is concluded that the ruling complies with constitutional standards and constitutes a relevant precedent for the enhanced protection of the rights of persons with disabilities.