La motivación de las resoluciones judiciales y su incidencia en la seguridad jurídica.

Abstract

The general objective of this research was doctrinally based on elements such as the motivation of the sentences and how this contributes to providing legal security within the legal system. In order to cover this study, the theoretical-doctrinal aspects of the principle of legal certainty and the guarantee of motivation in the sentences were studied, the structure of the sentence and the decision-making reasoning of the judge were determined, the historical-legal component was analyzed in the approach to legality to issue judgments as well as the role of the interpretation of the laws by the judge. Through an exploratory research methodology, descriptive study, the period 2019 and 2020 was taken in selected jurisprudence of the Ecuadorian Constitutional Court on motivation, showing the parameters to be evaluated in the argumentation of judicial decisions. The work included interviews with legal experts on the situation of the guarantee and prospects for improvement. The present investigation concluded that it should seek to improve the activity of motivating, in the demonstration of the reasoning carried out by the judge, its justification phase. For this, it was proposed to consider the parameters used by the Constitutional Court, coming from article 76, numeral 7, literal l) of the Constitution to develop them in the Organic Code of the Judicial Function. Among the recommendations made, in order to achieve a better academic training for judges, proposals are made to link the academic field of law schools with the judicial role.