Los estándares constitucionales del debido proceso y la motivación como límites al abuso de poder en el Ecuador.

Abstract

This essay aims to analyzes the constitutional standards of due process and reasoned decision-making as legal guarantees whose limitations are intended to curb the abuse of power in Ecuador. Under this premise, a legal problem was identified: despite explicit recognition in the Constitution of the Republic and its extensive development in jurisprudence, in daily practice, administrative and judicial decisions still lack adequate justification or are implemented without respecting the basic guarantees of due process. This negatively impacts legal certainty, weakens public trust in institutions, and compromises the effective judicial protection of fundamental rights. Consequently, analyzing the effectiveness of due process and reasoned decision-making as mechanisms for controlling public power became the purpose of this work, considering the Ecuadorian legal framework, constitutional doctrine, and the jurisprudence of the Constitutional Court of Ecuador and the Inter-American Court of Human Rights. The methodology employed is qualitative, dogmatic, and legal/analytical in nature, based on the study of norms, precedents, and specialized doctrine. It concludes that due process and reasoned justification constitute essential constitutional limits against arbitrariness; however, their material effectiveness remains limited due to argumentative deficiencies, formalistic practices, apparent motivations, and a weak consolidation of a culture of justification in state action. Therefore, strengthening them requires not only normative recognition but also rigorous and consistent application.