MOTIVATION AS A GUARANTEE OF DUE PROCESS IN THE ECUADORIAN JUSTICE SYSTEM

Due process, within the Ecuadorian procedural system of administration of justice is a set of constitutional regulations aimed at guaranteeing a correct "procedure" in any circumstance in which rights and obligations of persons are determined or restricted, so that they are exercised as determined in Art. 11 of the constitutional regulations, that is to say, guaranteeing the constitutional principles that seek a correct administration of justice. One of these guarantees is the motivation. The present work has as its objective a detailed study on the motivation and the requirements that it must contain in order not to violate the right to due process, since when determining or limiting the exercise of the rights of individuals, there must be an adequate motivation, which must meet the constitutional and jurisprudential requirements determined for its existence. Different research methods were used, such as the interview, which served to collect useful information, the historical logical method that allowed to know the evolution of this branch of law over the years, its legal regulations, and the hermeneutic method in order to specifically seek necessary information within the respective texts of consultation, ultimately through the data collected through interviews and statistics it is concluded that motivation is of utmost importance, since this is a guarantee of the state with which it justifies the exercise or limitation of rights of persons through the authorities whether administrative or judicial.