La motivación como garantía del debido proceso en la jurisprudencia constitucional comparada de Ecuador y Perú.
The motivation of the judgments and judicial resolutions is of interest not only to the parties that contradict each other in a case, but also to the Courts that will analyze them, in the event that they have been appealed against; Therefore, this research aimed to compare the grounds on which a cor...
| Autores: | , |
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2021 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/526 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/526 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Constitución Motivación Ecuador Derecho constitucional |
| Sumario: | The motivation of the judgments and judicial resolutions is of interest not only to the parties that contradict each other in a case, but also to the Courts that will analyze them, in the event that they have been appealed against; Therefore, this research aimed to compare the grounds on which a correct motivation must be based to protect the right to due process in the constitutional jurisprudence of Ecuador and Peru. Under a qualitative approach and a comparative study, a documentary review was carried out which, after applying it, generated as a result that a sentence is unjustifiable if the norms or legal principles on which it should have been based are not stated, when it is omitted to explain the relevance of its application to factual antecedents or the principle of congruence is violated; irregularities that violate effective judicial protection, due process and generate the nullity of the sentence. It was determined that the motivation is generated by defects unanimously treated by the legislation, jurisprudence and universal doctrine and, that despite the existence of such, it is necessary, for reasons of legal certainty, that the parameters and casuistry that generate the nullity of a sentence, are contained in a prior, clear, public legal norm applied by the competent authorities, as ordered by Article 82 of the Constitution of the Republic of Ecuador. |
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