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

Abstract

Abstract: This paper addresses the motivation in judgments issued by judges and first level courts in Ecuador, a key element in the justice system to ensure informed decisions in accordance with the legal system and the instruments of sufficient motivation. Through an analytical and qualitative approach, the deficiencies in judicial motivation are identified and an analysis of the current normative framework is proposed, as well as the identification of the types of motivation and the factors that affect the quality of decisions, and the argumentation developed by justice operators in Ecuador. Once the analysis of the present criminal sentence has been concluded, it has been established that both the test of motivation and the motivation within the sentence have been duly evidenced, and the existence of a correct motivation by the judge. This allows concluding that the fundamental elements for the evaluation of the motivation have been identified in a clear and precise manner, supporting the logic, reason and understanding of the decision adopted by the judge. Once the analysis of the present criminal sentence has been concluded, it has been established that both the test of motivation and the motivation within the sentence have been duly evidenced, and the existence of a correct motivation by the judge. This allows concluding that the fundamental elements for the evaluation of the motivation have been identified in a clear and precise manner, supporting the logic, reason and understanding of the decision adopted by the judge. Key words: Motiv.