Abstract

VALENZUELA PIROTTO, Gastón Fernando. Current approach to motivation in court judgments. Its analysis as an element of due process. Rev. Derecho [online]. 2020, n.21, pp.72-90.  Epub June 01, 2020. ISSN 1510-3714.  https://doi.org/10.22235/rd.vi21.2103.

This article focuses on the scientific research of the phenomenon of the motivation of the conclusions of law in court judgments, starting from its origin and evolution until being established as an inherent element of due process. The features that every motivation must contain at present, as well as its close connection with the evaluation of the evidence, and the consequences its absence entails, will also be described. The sections of the General Code of Procedure of Uruguay and the contributions from jurisprudence and national and foreign doctrine will be analyzed for such purpose.

Keywords : motivation; judgment; due process; magistrate; guarantee.

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