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

Abstract

Abstract: This paper focuses on the legal analysis of a first-level sentence issued in a homicide case; the main focus of the analysis is to determine whether the legal argumentation issued by the first- level court complies with constitutional principles such as due process, consistency, motivation and legal certainty. The development of the analysis is under the methodology "EL SER", which strategy is based on exploring, reading, underlining, schematizing and summarizing legal sentences; being a didactic and analytical tool, it seeks to facilitate its understanding and, in turn, promote skills and aptitudes of analysis and organization essential for the legal study. It is important to note that the analysis of legal argumentation contributes to the study of judicial decisions, discarding legal gaps that affect the procedural parties. The main finding is evidenced in the correct sentence and sufficient motivation since it has valid factual and legal grounds that support the ruling. Likewise, the judicial authority demonstrates that it justified its decision correctly by appropriately relating the proven facts with the legal norm.