The role of the guiding criterion and its impact on the substantiation of sentences in extraordinary protection actions.

Abstract

The guiding criterion in the motivation of sentences is fundamental to ensure that judicial decisions comply with a minimum of argumentative sufficiency, as established by the Constitutional Court in Ruling N°1158-17-EP/21. This article examines its impact on the motivation of sentences of extraordinary action of protection issued in 2022, using a qualitative approach and inductive-deductive methods. The results show that the lack of this criterion generates motivational deficiencies, classified as inexistence, insufficiency and appearance, which affects the motivational guarantee and may violate rights. The research highlights the need to strengthen the application of the guiding criterion in judicial decisions.