El principio de motivación del poder judicial y su relación con la tutela de los derechos fundamentales.

Abstract

The purpose of this study consists at the study of the principle of motivation of judicial decisions as part of the inherent functions of the justice system and as part of the guarantees of satisfaction with the rules of due process. In this investgation the problem is represented by the fact that on some occasions the judges in quality of guarantors of due process tend to omit full compliance with the development of the principle of motivation for their decisions and resolutions in the field of justice. This problem reuslts in the lack of provision of elements both for the understanding of the judicial decision, as well as to provide the resources for the exercise of a possible challenge as one of the guarantees recognized by the Constitution. Therefore, the general objective of this investigation is to determine how the breach of the principle of motivation of the acts of judicial decisions affects the guarantees of due process. Regarding the orientations and use of the methodological resources that allow fulfilling the objective of this research, it is established that the qualitative modality has been used and that the present study is descriptive in nature, which is corroborated through the study of a ruling of the Constitutional Court which highlights the importance of compliance with the principle of motivation of judicial decisions. The result of this investigation is that the judgments adequately motivated meet the most elementary guidelines that represent the guarantees of due process in Ecuador.