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

Abstract

Abstract: This paper was developed using the "DEL SER" methodology, which allows for an in-depth and structured analysis of court rulings, in this case, corresponding to Case No. 11571-2023-00203, a protection action related to access to medications not included in the National Drug List. The ruling was subjected to various motivation tests: correctness and sufficiency. The analysis was based on a general question about the problem at hand and two subquestions focused on the normative and factual issues of the case. The primary objective was to determine whether the ruling was properly substantiated, free of motivational flaws or other legal defects, and whether it requires correction or annulment through the filing of horizontal or vertical appeals. Through the application of the "DEL SER" method and the aforementioned tests, it is concluded that the judgment meets the parameters required by law and the guarantee of justification, that is, in accordance with the regulations. Therefore, it should not be annulled or modified by higher courts, as it respects the constitutional and procedural principles applicable to the case.