In order to understand what judicial resolutions are, it is necessary to initially study what the process seeks, which in my opinion is the procedure that the law applies to resolve conflicts between the parties. Based on this idea, the judicial resolutions are the way in which the judge attends and decides on the requests that the law establishes, what the parties request during the process and at the end declares who is right according to his reasoning and comparison between what the law establishes and what the parties have acted and accredited with the different means of proof.
Rulings are governed by the Code of Civil Procedure, they are acts issued by a judicial authority on behalf of the State, and which impose on the litigants through procedural rules decisions regarding a controversy, the consequences of which are produced in relation to the litigants.
Resolutions are mental operations or logical judgments through which the issues raised in a proceeding are decided. Through them, a claim is compared with the applicable legal standard and a judgment is made as to whether or not it complies with it.
The resolutions shall contain a succinct account of the issues raised, the analysis and evaluation of the evidence submitted, as well as the legal grounds on which they are based; they shall end by resolving with all precision and in an exhaustive manner all the litigious points subject to the consideration of the judge, and shall establish, if applicable, the term within which the resolution must be complied with.
The obligation of judges to give reasons for their decisions is intended to exclude irregular decisions, i.e., the final judgment must be a reasoned derivation of the law in force and not the product of the individual will of the judge. The requirement of the motivation of the resolutions is linked to the publicity of judicial acts. Through the motivation of the resolutions, citizens can know the reason why, whether they agree with it or not, a judge ruled in a certain way. If they are part of the process where the resolution was issued, they can control if their right of defense was not violated by ruling beyond what was requested or if evidence obtained illegally was valued, if their arguments were answered or if it was resolved without respecting a congruence between the accusation and the sentence. In addition, if appeals are to be filed, the users of the justice system will be able to challenge the judge's arguments and try to convince the magistrates who must issue an opinion on the matter of the reasonableness of their position. Therefore, the right of defense and the right to appeal will also be involved. In turn, the judge himself can demonstrate to others the reason why he resolves a conflict in such a way and not in another way. From this point of view, the motivation of a decision will eventually serve, both for the judge and for the citizens, to judge their behavior. The motivation of the decisions contributes to the fulfillment of the principle of equality of the parties, since by being able to know the case decided and its grounds, it allows judges to use the decision as a precedent or to demand its application by the litigants.
Congruence is an essential requirement of the resolutions of the civil process. It represents the imposition on the judge to resolve only, but completely, the matter and the alleged facts, as well as on certain aspects that the law imposes on him. It fulfills a double function: it is a duty and a guarantee. As a general rule, the claim and the exception delimit the judge's field of decision. Only the object of the claim expressly requested in the complaint may be decreed; the judge may not go beyond what he considers should have been requested by the plaintiff, as this would make the ruling incongruent.
To conclude, it is concluded that judicial resolutions must be clear, precise and in accordance with the law. In the case of rulings, they must give the necessary procedural impulse, in the case of writs they must resolve the procedural issues where the principle of contradiction is involved and both parties have presented their legal considerations, and the sentences that finally decide the process must be motivated, clear, precise and exhaustive.
Francisco Pineda
