The duty to motivate decisions in the constitutional state

Abstract

This article is one of the results of the investigation "Habeas Corpus and the Constitutional Requirement to Motivate Judicial and Judicial Resolutions in the Judicial District of Huaura", carried out at the National University of Barranca in 2018, in which It was investigated about the fulfillment of the duty that judges have to motivate judicial decisions. Objective: was to explain about the fulfillment of the duty of motivation that judges have to base their resolutions, which constitutes the cornerstone for the effective protection of fundamental rights in the Constitutional State. Method: used is descriptive-explanatory, in which 15 (fifteen) habeas corpus sentences issued by the criminal courts of Barranca, Huaura and Huaral were analyzed. Result: was that most of the court decisions on habeas corpus are not duly motivated. Conclusion: the duty to motivate judicial decisions in the constitutional State is not fully fulfilled, because in the Huaura Judicial District, habeas corpus claims resolved by criminal courts do not comply with their duty to substantiate their decisions.