La garantía constitucional de la motivación en las sentencias civiles ecuatorianas de primera instancia.

Abstract

The following paper examines the constitutional guarantee of reasoning in Ecuadorian civil judgments at the trial court level, highlighting its role as a pillar of due process, effective judicial protection, and the right to legal certainty. It presents an analysis from a constitutional perspective, reviewing the provisions of the Constitution that address legal reasoning, and then focuses on how this should be applied by judges when issuing their rulings and various orders within civil proceedings. The research presented here examines the duty to provide reasoning from a doctrinal, constitutional, and practical perspective, delving deeply into the various defects in reasoning identified by the Constitutional Court of Ecuador, which established binding case law for judges when issuing their rulings. Therefore, the analysis in this essay goes beyond the abstract; rather, it highlights the concrete impact that a lack of reasoning has on legal certainty, directly addressing the legitimacy of decisions and pointing out the challenges faced by legal practitioners in Ecuador.