Motivación en las sentencias emitidas por los Jueces de primer nivel en Ecuado

Abstract

Abstract: This article analyzes judicial motivation as a constitutional guarantee of due process in legal proceedings. Motivation is defined as the normative and factual argumentative elements used to justify the judge's decision. The normative basis for this is examined in the Constitution, the General Council of the Judiciary (COGEP), and the Civil Code. To determine its practical application, the "THE BEING" technique is used: scanning, reading, underlining, outlining, and summarizing. This technique separates and examines the arguments of the first-level court ruling. Furthermore, the consequences of insufficient and incorrect motivation are identified, such as the violation of the right to defense, legal uncertainty, and increased appeals. These consequences are contrasted with the characteristics of sufficient and correct motivation, which requires a complete normative and factual basis. The research techniques used and the inclusion and exclusion criteria are also presented, as well as the motivation tests used for a correct analysis. Likewise, recommendations may be made to improve the internal procedures of the judicial system, strengthening the parties' right to justice.