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

Abstract

Abstract: This project focuses on the analysis of judicial decisions issued by first-level judges. Its main objective is to evaluate the quality of judicial motivation, understood as a constitutional guarantee that allows citizens to understand, question, and eventually challenge the decisions of justice officials. Judicial motivation is conceived, both formally and substantively, as a requirement of due process. The methodology used in this research is the analysis of the motivation of judgments, particularly that developed by Manuel Atienza, and the jurisprudential standards established by the Constitutional Court of Ecuador, especially in Judgment No. 1158-17-EP/21, which clearly delineates the concepts of proper motivation and sufficient motivation. From this perspective, a first-instance criminal judgment is analyzed for the flagrant crime defined in Article 196 of the COIP (Compulsory Criminal Code). The objective is to assess the argumentative and legal legitimacy of a judgment. The project seeks to establish whether it meets the standards of investigative work to determine whether the judgment is properly reasoned.