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

Abstract

Abstract: The present degree project aims to analyze whether the judgments issued by first-level judges in Ecuador contain correct and sufficient reasoning. In this specific case, the analysis focuses on the judgment of a Paulian rescissory action issued within case No. 11333-2021-03123 by the judge of the Civil and Commercial Judicial Unit based in the Canton of Loja. It takes into account that the reasoning of judicial decisions is a fundamental principle, which is enshrined in our Constitution. This principle seeks to ensure that judges properly substantiate the reasons for which they issued their rulings, thereby resolving the dispute. The project is based on the premise that adequate reasoning guarantees that the decisions issued by justice administrators are understandable, fair, and coherent. It is worth mentioning that reasoning, as a legal guarantee, ensures among other things the right to defense and the right to due process for those who turn to the judicial body of our country.