La motivación de la sentencia en la acción de tutela contra providencia judicial
The motivation of the judicial sentences is an institution through which a State is legitimized through its judges, and in Colombia it is part of the right to due process. Although it seems to have a clear and general concept, there is no clear consensus on the doctrine, law and jurisprudence on it However, it is mostly pointed out that the motivation corresponds to the correct justification of the decision.
Now, in Colombia there is the possibility of resorting to the actior of guardianship to challenge judicial decisions for undue motivation of the sentences, therefore it was necessary to make this study to establish through a doctrinal study of the concept of motivation, its application in the jurisprudence that resolves guardianships against judicial orders.
This review shows that not only can the motivation for justification be valid, but it must be reasoned, rational and based on logic and legal argumentation, which allows for an epistemic process of the decision structure.