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

Abstract

Abstract: In Ecuadorian law, judgments issued by judicial bodies must be duly reasoned in order to guarantee due process and the right to defense. The reasoning of judgments issued by the judge should not be limited to the mere statement of rules and facts, but must address an adequate connection between the factual, legal, and evidentiary grounds and the decision adopted. This prevents abuses of power and ensures proper access to justice. In this sense, judgments issued in various areas of law, such as civil, criminal, or constitutional law, must guarantee sufficient reasoning, avoiding deficiencies in reasoning such as nonexistence, insufficiency, and appearance of inconsistency, as well as defects of incoherence, inadequacy, incongruity, and incomprehensibility. To this end, Case No. 11333-2019-01890, referring to moral damages, has been used as an example. A thorough analysis highlights how a ruling must adequately address the motivational elements, considering facts, evidence, standards, and other relevant aspects, so that decisions are made that are understandable and guarantee the rights provided for in the Constitution and international treaties.