La motivación jurídica en el sistema procesal ecuatoriano para una adecuada instrumentación de la sentencia

Abstract

Abstract: Motivation is a justifying discourse made up of rational arguments. In judicial practice, we have witnessed that this motivation has been scarce, contradictory or impertinent, which is harmful. Therefore, with this work it is aspired to address the motivation of judicial decisions, as a topical legal issue, which is why the timely restoration of the content of the motivation is proposed. Quantitative methodology was used for the collection and analysis of numerical data and qualitative methodology for the analysis of non-numerical data. Surveys were conducted with closed questions for the collection of numerical data. Specialized software was used for statistical-descriptive analysis. As a result, 100% of respondents have knowledge about the Ecuadorian regulations of the motivation of judicial decisions and agree that legal motivation is essential for due process in Ecuador, they also consider that the continuous training of judges could improve motivation in judicial decisions within the country and 94.4% of respondents believe that Ecuador can benefit if it adopts legal motivation practices from other Latin American countries.