Declaratoria de nulidad de la sentencia y audiencia, por falta de motivación y sus efectos.

Abstract

The present investigative work seeks to raise a legal problem through a specific case, which is circumscribed in the verdict issued by the National Court of Ecuador on January 19, 2015, in the appeal of cassation No. 1683-2013, in which it declares the nullity of the sentence, for lack of motivation, including the audience of the appeal. For this purpose, the actions in which the justice operators have incurred and their main practical effects will be analyzed, especially as regards the lack of motivation of the judgments. In order to achieve our purpose, we will carry out in the first place, an abridgment of due process of law, the guarantee of motivation, principles such as procedural economy and speed. Subsequently, we will refer to the sentence under study, with its background and considerations, to analyze in this context, the effect of the statement of the lack of motivation of the judgments.