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

Abstract

Abstract: This paper addresses the crime of noncompliance with legitimate decisions of competent authorities, specifically in relation to protective measures granted in cases of gender-based violence. An analysis of a criminal judgment reveals that many other measures are granted without adequate follow-up, resulting in their ineffectiveness and the eventual return of victims to the violent environment. The judgment's motivation was examined in accordance with constitutional standards, identifying structural flaws in its justification. The research was conducted using an analytical approach, utilizing case study methods, documentary analysis, and legal analysis. This paper contributes to the academic and judicial debate on the need to strengthen the effective implementation of protective measures, not only from the judicial sphere, but also from an inter-institutional approach that ensures compliance and protects fundamental rights. The importance of proper judicial motivation and its impact on ensuring effective judicial protection is one of the main conclusions of this study.