El Derecho a la Motivación en el Ecuador. Aportes Conceptuales y Procedimentales desde la Sentencia 1158-17-ep/21

The motivation of power decisions is perhaps one of the greatestachievements of the rule of law. It has gone through variousstages in its evolution, to be configured today in a demand forconstitutional rank. In Ecuador, such evolution is recognizable since its appearance in theState Modernization Law of 1993, going through its assessmentconstitutional through the so-called “motivation test” coined by theConstitutional Court for the Transition Period, and reaching todayits approach from the criterion of motivational sufficiency. In this context, the Constitutional Court of Ecuador, through theSentence 1158-17-EP/21, issued on October 20, 2021, marks a milestoneby systematizing the basic jurisprudential parameters to understand andevaluate the motivation and its possible violations in a constitutional key. The above denotes the importance of investigating the influenceof Sentence 1158-17-EP/21 on the right to motivation in Ecuador,For this reason, this article seeks to contextualize it in the frameworkof the Constitutional State, identifying its scope, functions, content andassessment parameters based on the so-called guiding criterion, and thedeficiencies and vices that can affect it.