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

Abstract

Abstract: Motivation is enshrined at the constitutional level as a guarantee of due process. In this sense, it constitutes a means that administrative and judicial authorities must comply with to prevent the violation of rights during the procedural stage. Therefore, motivation is a logical and legal judgment based on the facts presented in a case. Therefore, it becomes a key factor in the guarantees of a democratic state based on the rule of law, as legitimacy is based on compliance with the law. Furthermore, it constitutes a key element for the exercise of the right to appeal. This research analyzed and evaluated the correct and sufficient motivation in the judgment issued by the first-level judge in Ecuador in Case No. 13337-2022-00562, with the objective of assessing whether said judgment complies with the criteria for sufficient and correct motivation. To do so, the analytical method was used, by complying with the "EL SER" method, thereby determining how the sentence issued by the first instance judge did not meet the standards of sufficient and correct motivation.