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

Abstract

Abstract: This thesis analyzes the challenging of a final settlement agreement (*acta de finiquito*) within the Ecuadorian legal system, focusing on the violation of the principle that labor rights are non-waivable a principle enshrined in the Constitution of the Republic of Ecuador, which holds the highest legal authority. The primary objective is to evaluate how certain judicial decisions prioritize secondary legal norms over constitutional guarantees, thereby affecting the payment of compensation for unfair dismissal. To this end, a qualitative methodology with a descriptive and analytical approach was employed, based on a review of national, international, and comparative jurisprudence, as well as the application of Manuel Atienza s theory of legal argumentation. The contribution of this research lies in the proposal of a strengthened legal reasoning framework designed to ensure the protection of workers against clauses that purport to waive their rights. It is concluded that it is imperative for judges to apply the *principle of favorability* (*principio de favorabilidad*) to guarantee effective judicial protection and fair economic redress for the worker in accordance with the Constitution, which dictates that, in cases of doubt, legal norms must be interpreted in the manner most favorable to the working class.