Análisis a Sentencia No. 1158-17-2021-EP e importancia de la Garantía de la Motivación.

Abstract

The purpose of the work is to analyze the relevance of the Constitutional Guarantee of Motivation in terms of its Interpretation Parameters, through a jurisprudential clarification that allows recognizing what are the guidelines to examine a charge of violation of the guarantee of motivation, as well as as well as a terminological clarification of important definitions such as: guarantee of motivation, proportionality test, weighting test, comprehensibility test, relevance of motivation, extraordinary protection action, among other definitions, as they are criteria that legislators must apply. our country for an adequate guarantee of the motivation in their sentences. It is important that magistrates and legal professionals come to understand the legal role of the guarantee of motivation; that it is not only to justify, the reason why the legal regulations are applied, but rather because of the power to protect the rights of the parties involved that even gives rise to the existence of better budgets at the time of exercising the right of challenge. The methodology applied was qualitative. Carry out an analysis of sentence No. 1158-17-EP, dated October 20, 2021, on the guarantee of motivation, to demonstrate and publicize the dogmatic position of the Court that if the appeal sentence violated the right to due process in the guarantee.