Análisis jurisprudencial sobre la motivación en los fallos de la corte constitucional del Ecuador de los períodos 2014- 2018 y 2019- 2021.

Abstract

This article addressed the guarantee of motivation as a central aspect in the jurisdictional exercise, both in argumentation and in the right to due process. Through qualitative research using a systematic method, this paper examined how the change of jurisprudential precedent has influenced the guarantee of motivation in the extraordinary protection actions issued by the Constitutional Court of Ecuador. An analysis of the theoretical bases of motivation in all its spheres has been made to refer to the criteria that differentiate it from the jurisprudence concerning the test of motivation and the jurisprudential guidelines. Finally, a comparative analysis of the jurisprudential precedents of the Constitutional Court of Ecuador in the years 2014-2018 and 2019-2021 was carried out. Concluding that the Courts have contributed so that social actors see this guarantee as established in the Constitution.