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

Abstract

Abstract: The purpose of this Curriculum Integration project is to analyze and evaluate the correct and sufficient motivation in sentences issued by first-level judges in Ecuador. To this end, the analytical method using the "EL SER" technique is used, in addition to standardized questionnaires that allow for the assessment of the sufficiency and correctness of judicial reasoning. In particular, the case addressed is based on a criminal sentence for the crime of illicit trafficking of substances classified as subject to control. However, it is evident that, although the defendant was carrying a quantity greater than that permitted for personal consumption, there are no elements that prove malice or intent to traffic. Therefore, the results reflect a coherent and understandable judicial motivation that complies with the principle of the presumption of innocence. Likewise, it is concluded that the judge acts in accordance with constitutional and legal standards, without resorting to prejudice or argumentative flaws, thus guaranteeing respect for due process. process, therefore, this research highlights the need to establish uniform criteria and proposes strengthening jurisdictional oversight mechanisms to avoid arbitrariness and guarantee legitimate decisions.