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

Abstract

Abstract: The purpose of this thesis is to analyze the importance of the motivation in the judicial sentences issued by judges in Ecuador, specifically in the field of industrial property, branch of intellectual property, that is why the sentence No. 09332-2017-05006 was analyzed, in which the point of controversy was the possible infringement of rights on a protected industrial design. The methodology used was the analysis of the motivation of judgments, based on the analytical method, where each part of the judgment was fractioned to evaluate their respective arguments. The results show that the judge based her decision correctly applying the principles of motivation and due process, facts that are supported by article 76 numeral 7 literal l of the Constitution of the Republic of Ecuador and article 95 of the COGEP, resulting in the dismissal of the lawsuit by considering insufficient evidence of such infringement of industrial property rights. It is concluded that the reasoning of the judgment under analysis complies with the proposed constitutional standards, proving a sufficient and coherent argumentation regarding the same.