Abstract

CONTRERAS VIVANCO, Jonathan Enrique; BENAVIDES SALAZAR, Cristian Fernando; BENAVIDES SALAZAR, Julio Cesar  and  SILVIO AMABLE, Machuca Vivar. Guarantee of Motivation in Injunctions: Evaluation of the Compliance of the New Ecuadorian Jurisprudence. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 456-468.  Epub Dec 10, 2023. ISSN 2218-3620.

In the context of the Ecuadorian constitutional State, the correct motivation is sought to be promoted as a fundamental value in the legal culture. The ECC established new guidelines for the evaluation of the guarantee of motivation in Ruling No.1158-17-EP/21. The objective of this research is to evaluate the possible violation of the guarantee of motivation, in the orders issued by the administrators of justice at the time of resolving the request for autonomous precautionary measures, in a canton of the Republic of Ecuador. Nine legal science specialists participated, who applied a case review guide designed for this study, based on Ruling No. 1158-17-EP/21. The orders of precautionary measures evaluated presented significant violations in the guarantee of motivation, particularly the recurrent incidence of motivational defects related to incongruence, inconsistencies and misunderstandings was detected. Although adequate legal grounds were observed, there were deficiencies in the factual and legal foundations.

Keywords : Due process; Motivation; Precautionary measures; Evaluation guidelines.