Lack of motivation for judicial decisions and administrative acts: a window open to acts of corruption

Abstract

The investigation is divided into four related stages, the first two are intended to contextualize the reader about the legal nature of the court ruling, the importance of the motivation in the judicial resolution and the way in which the law protects the constitutional right to receive any resolution of a public nature in a sufficiently and coherently motivated way as a method of protection against possible abuses of power and cases of corruption by public officials. The investigation deals with a deep study on the administrative sanctioning power that covers the public official and even criminal responsibility.

Once the analysis that includes international doctrine and jurisprudence has been carried out, the investigation analyzes real cases in which the lack of motivation has effects on the rights of citizens. In the third section, the investigation reveals repeated faults on the part of the judges of the Multi-competent Court of Pastaza, which deserves special attention from the Council of the Judiciary. In the final section, there is evidence of a case where the lack of motivation in a direct public procurement process caused a scandal for alleged corruption.