La necesidad de la motivación en el recurso de aclaración y ampliación en el Código Orgánico General de Procesos.

Abstract

The general objective of this research was to analyze the need for motivation in the appeal for clarification and extension in COGEP. As background study, the analysis carried out in the investigation by Magister Obando (2016) entitled: "The undue foundation of judicial sentences as an element for the application of the disciplinary regime to judges of the Ecuadorian Judicial Function" was cited. As well as the analysis carried out in the investigation by Magister Vallejo (2016) entitled: "Affection to due process as a consequence of the violation of the right to defense due to lack of motivation in judicial decisions." Both studies related to the variables of the present investigation. The methodology used in this legal research was directed based on a documentary and bibliographic review, which had as its central interpretative nucleus, the analysis of texts that are linked to the subject on the need for motivation in the resource of clarification and expansion in the General Organic Code of Processes. The present investigation resulted in the need to propose a draft law reform of Article 255 of the COGEP. It was concluded that it is necessary to substantiate and establish the content of the request for the clarification and extension appeal since many of the legal professionals in their litigation activity on behalf of their clients or their clients must correctly base their claims on any claim or challenge.