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

Abstract

Abstract: This research analyzes the judicial reasoning in the sentence issued by the Criminal Guarantees Court, based in the Tulcán canton, Carchi Province, in a case of femicide under Article 141 of the Comprehensive Organic Criminal Code (COIP). It began with the problem of analyzing sufficient and correct reasoning in sentences, with an emphasis on gender-based violence crimes and their proper adjudication. The objective was to evaluate whether the normative and factual basis complies with the standards required by the Ecuadorian Constitution and Constitutional Court. A qualitative methodology of documentary analysis was applied, using questionnaires on sufficient and correct reasoning. The results reveal that the sentence contains adequate reasoning, clearly arguing the application of substantive norms and comprehensively assessing the evidence, thus guaranteeing the right to effective judicial protection and due process. It is concluded that the ruling meets the required criteria for motivation, without any argumentative deficiencies that compromise its validity; it is recommended to strengthen judicial training on gender perspective and the protocol for evaluating evidence in femicide cases.