Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This research analyzes the constitutional guarantee of motivation in judgments issued by first-level judges in Ecuador, based on Judgment No. 1158-17-EP/21 of the Constitutional Court, which redefines the constitutional standard of motivation based on parameters of sufficiency. Therefore, through the analysis of the case contained in Judgment No. 17230-2019-16686, issued in the area of ​​intellectual property, the approval of its motivation is evaluated against the constitutional standards of sufficiency and, likewise, whether it complies with the normative and factual elements required by Article 76.7.1 of the Constitution of the Republic of Ecuador. Subsequently, the use of legal and doctrinal sources in the structure of the judgment is evaluated, as well as the identification of possible deficiencies or motivational flaws that could compromise its validity and give rise to mechanisms Finally, guidelines are proposed with the aim of improving the quality of judicial decisions, thereby promoting motivation that strengthens due process within the Ecuadorian judicial system.