Análisis de la motivación y seguridad jurídica en las sentencias emitidas por la Corte Constitucional del Ecuador

Abstract

Abstract: This study analyzes the admissibility phase of the appeal in cassation within the contentious-administrative jurisdiction a process that plays a fundamental role in reviewing the legality of public administration actions. This review is linked to the right to effective judicial protection, due process, and the right to appeal guarantees that are sometimes not fully upheld in either administrative or judicial proceedings, potentially infringing upon constitutional rights. The study focuses on the admissibility phase of appeals in cassation regarding contentious-administrative disputes, a matter falling under the jurisdiction of the National Court of Justice. Its associate judges verify compliance with procedural requirements without ruling on the merits of the appeal. It is evident that a strictly formalistic approach can limit access to justice and lead to constitutional actions, such as the extraordinary action for protection before the Constitutional Court. Finally, the study proposes improvements regarding the substantiation of appeals and the strengthening of the judicial process through the application of legal precedents, thereby ensuring uniformity, coherence, and legal certainty in judicial decisions.