La motivación jurídica en sentencias constitucionales como garantía de los derechos al debido proceso, Tutela Judicial Efectiva y Seguridad Jurídica.

Abstract

The legal motivation is a fundamental guarantee of the right to due process embodied in the Political Charter and institutes a legal value to control final rulings or judgments by the Constitutional Court; from this perspective, the subject of study lies in "the legal motivation in constitutional judgments as a guarantee of the rights to legal security, judicial protection and due process", it is right to develop this research in order to emphasize the importance of the motivation for the protection of the fundamental rights in the light of constitutional jurisprudence. Programmed objectives, three constitutional rulings are analyzed in which the Constitutional Court, through an extraordinary protection action, determines the lack of motivation, improper motivation and insufficient motivation, especially in the protection action where the judges end up violating formal rights that are there to guarantee materials rights for that lack of motivating culture. To this effect, a qualitative research with a descriptive and explanatory approach is handled on the axiological elements on which the Constitutional Court is based to develop rules to motivate; the technique of literary review and the use of the documentary analysis instrument are applied to debate and contrast the bad (or absence) of a practice of motivating decisions by the judges, based on which, conclusions are issued on the special importance of motivating when it comes to constitutional actions, especially in the protection action which is where constitutional rights are directly decided.