Sentencias Constitucionales y Garantía de la Motivación

The purpose of this research work is to carry out an analysis of the guarantee of motivation and its application in constitutional sentences. For this, a study and doctrine have been made based on different legal, scientific and academic works. In addition, we have studied and analyzed sentence 1158 - 17 - EP, where it has been possible to appreciate what the Constitutional Court establishes regarding the motivation guarantee. It is important to emphasize the radical change that the Court made in the way of evaluating the charges of violation of the right to due process in the guarantee of motivation. The methods used in the development of the research, such as the scientific and analytical method, have been used at the time of developing the theoretical framework, through the collection, selection, analysis and interpretation of the information obtained in the bibliographic sources, in addition to the method analytical was also used to perform the analysis of the sentence; in the same way, the exegetical method when the articles of the Constitution of the Republic have been analyzed and the historical method was used to carry out a historical recount of the guarantee of the motivation. Finally, sentence No. 1158 – 17 – EP of the Constitutional Court corresponding to the guarantee of motivation was analyzed, moreover to highlighting the jurisprudential lines present in it, another important aspect within the present investigation was the determination of the rights that are violated due to the lack of motivation of the sentences by the administrators of justice.

• Autor principal: Jimbo Espinosa, Patricia Alejandra (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2023
• Assuntos: <DERECHO>; <SENTENCIA CONSTITUCIONAL>; <MOTIVACION>; <SEGURIDAD JURIDICA>
• Acesso em linha: https://dspace.unl.edu.ec/jspui/handle/123456789/26537