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

Abstract

Abstract: This work of curricular integration provides a reflective and analytical perspective of the problems derived from the lack of motivation in the judicial decisions issued by judges of first instance in Ecuador, focusing on the study of a labor judgment on untimely dismissal of a pregnant woman with declaration of ineffectiveness, within the process 11371-2023-00241. In which, it is evidenced that the judgment issued by the judge meets the standards of sufficient motivation to verify that it is legal, factual and understandable as determined and required by the Constitution of the Republic of Ecuador along with other applicable regulations. Likewise, no motivational defects were identified, such as incoherence, inattention, incongruence and incomprehensibility, because the decision issued by the judge presents an adequate application of the norms, substantiation of the proven facts and logic between the final conclusion and the resolution. This logical connection between facts, norms and conclusion shows that the judgment does not lack motivation. Consequently, the procedural validity of the decision is ensured, its control in higher instances is facilitated and the effectiveness of the jurisdictional guarantees provided for in the constitutional order is strengthened.