What is guaranteed with the motivation of the sentences?

Article by: Angela Llamas | Last update: April 10, 2022
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The motivation of the sentence is the exposition of the reasons that determine the sense of the sentence and that allow to know the reasons in order to be able to question or distort them in the opportune resource.

What is the motivation for a sentence?

The motivation of the sentences can be conceptualized as the statement made by the court of the reasons that support its decision, aimed at justifying before the parties and society in general what has been the reasoning followed to arrive at a certain solution.

What is the motivation of judicial decisions?

The purpose of motivating judicial resolutions is to contribute to the fulfillment, in all cases, of the obligation to reveal the reasons that support the resolution as one of the means destined, in turn, to guarantee the “correct administration of Justice”.

What is the motivation guarantee?

The guarantee of motivation is a right enshrined in the constitution in article 76.7. l in which administrative and judicial acts are required to have a structure formed by: the facts of the case, the norm applicable to that case and finally the conclusion.

What are the motivation requirements?

According to the analysis carried out by the Constitutional Court, the guarantee of motivation is made up of three requirements: reasonableness, logic and compressibility.

22 related questions found

What does the Constitution say about motivation?

The Constitution does not guarantee a certain extension of the motivation, so its essential content is respected as long as there is a legal basis, consistency between what was requested and what was resolved, and by itself expresses sufficient justification for the decision adopted, even if it is brief. or concise, or…

What is the motive part of a resolution?

The motivational part of a judgment also includes comments, observations, positions, recommendations, pertaining to the matter on which the decision deals or to other related or similar matters; such expressions constitute the obiter dicta, which in the words of the Constitutional Court, are “…

What are the parts of a judicial decision?

As has been said, judicial resolutions (understood as a document) have three parts: expository, considerative and dispositive.

What is lack of motivation in law?

The lack of motivation is related to the absolute absence of rational support that leads the judge to make a decision; that is, when there is no justification to support the declaration of will of the judge in the resolution of a case submitted to his jurisdiction.

When is proper motivation affected?

In short, the right to due motivation should not only apply to judicial decisions, but also to all types of resolutions that have to be based on reasons of fact and law, to prevent those who resolve a dispute from being accused before disciplinary courts. or judicial.

How are judicial decisions classified?

It classifies them into three classes: “procedure orders”, “interlocutory sentences” and “definitive sentences”.

How is a resolution made?

Resolutions are written only on one side of the sheet of paper. The heading must include the corresponding body, the topic to be discussed and the endorsements, in that order. a) The body will be, “General Assembly”, “Economic and Social Council” or “Security Council”. It is indicated as “organ”.

What is Ecuador motivation?

In this way, motivating a resolution is a constitutional and legal requirement, in addition to motivating is reasoning about the foundations of the decision, this is to rationally explain to society the reason for the decisions, because only in this way is the arbitrariness of the judges and more justice operators.

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