Análisis de la motivación de sentencias de acción de protección durante el período 2021 del Cantón Azogues, Ecuador

Abstract

This research analyzes the motivation of judicial decisions in protective action during 2021 in the Azogues canton, Cañar province. This investigation has an exploratory scope and is based on a mixed approach, so the theoretical foundation of jurisprudential precedent and motivation was made through the dogmatic-legal method. Subsequently, based on the analytical method, the jurisprudence issued by the Constitutional Court was analyzed to determine the criteria on which the motivation is established. Likewise, with the application of the data collection method and sentence study, the type of motivation used by judges in the period under analysis was identified. Finally, the results show that judges fail to observe the motivation criteria issued by the Constitutional Court at the time of sentencing; as a result, a large percentage present a motivational deficiency.