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

Abstract

Abstract: This research analyzed judgment number 19333-2023-00362 issued by the Zamora-based Criminal Guarantees Court, the subject of the trial being the crime of aggravated robbery with the use of a firearm. The objective was to evaluate the correct and sufficient motivation of the judgment to determine whether it meets the standards established by the Constitutional Court of Ecuador. The methodology used is the analysis of the motivation of judgments, which is derived from the analytical method that involves breaking down the judgment into its fundamental parts to analyze and then evaluate the arguments. The results obtained by applying the sufficient and correct motivation questionnaire allowed us to conclude that the judgment under study complies with the motivation guarantee. Finally, recommendations are issued to allow legal experts to establish control mechanisms over the motivation used by judges.