Jurisprudential evolution of the guarantee of motivation analyzed through judgment no. 367-18-ep/23

Authors

Abstract

The article analyzes the jurisprudential evolution of the guarantee of motivation in the Ecuadorian legal system, focusing on ruling No. 367-18-EP/23 of the Constitutional Court of Ecuador. This ruling marks a milestone by establishing new, more rigorous criteria for evaluating the sufficiency of motivation in judicial and administrative decisions, abandoning the previous "motivation test". The study employs methods of documentary review, analytical-synthetic, hermeneutic, and comparative approaches to examine the ruling in depth. The identification of specific motivational deficiencies and flaws is highlighted, representing a qualitative advance in the interpretation of this guarantee. The analysis reveals that the ruling aligns with international and regional standards, reinforcing the importance of motivation for due process and the right to defense. This jurisprudential development strengthens the guarantee of motivation as a fundamental pillar of Ecuadorian constitutional doctrine, contributing to the preservation of the rule of law and more impartial justice. However, the ruling also poses challenges for justice operators and public administration, who will need to adapt their practices to these new standards. Future research is recommended to evaluate the practical impact of these criteria on the administration of justice and the protection of fundamental rights in Ecuador.

Keywords: Jurisprudential evolution, Guarantee of motivation, Ecuadorian legal system.

Published

2024-10-28

How to Cite

Haro Terán, L. F., Crespo Berti, L. A., & Esparza Pijal, S. B. (2024). Jurisprudential evolution of the guarantee of motivation analyzed through judgment no. 367-18-ep/23. Universidad Y Sociedad, 16(S1), 256–262. Retrieved from https://rus.ucf.edu.cu/index.php/rus/article/view/4698

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