The guarantee of motivation from the jurisprudential line of the Ecuadorian Constitutional Court

Abstract

The guarantee of the motivation as part of due process is tactically determined in the Constitution of the Republic of Ecuador. Through the years and thanks to the permanent control of the Constitutional Court of Ecuador on the jurisprudential processes, this guarantee has been able to evolve, achieving a unified criterion and developing the same jurisprudential line. The general aim of this work is to analyze, critically, the jurisprudential line of the Constitutional Court of Ecuador regarding the basic guarantee of motivation, from the milestone judgment to conclude in the conformation of the guiding criterion in judgment No. 1158-17-EP/21. By means of a methodological approach of qualitative research, and with the application of methods such as historical-logical, inductive, and literature review, as a result of this research work a document of critical analysis concerning the position of the Constitutional Court in terms of processes that throughout history were considered as suitable, for its jurisprudence, as well as the comprehensive approach of the motivation until it determines the sufficiency and appropriateness of the legal processes.