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

Abstract

Abstract: This research project, entitled "The Reasoning of Sentences Issued by First-Level Judges," analyzes the reasoning behind the ruling issued in the protection action filed by Ms. Albertina Ordoñez against the Municipality of Loja. The dispute centers on the denial of the corresponding retirement pension and the issuance of an administrative act that lacks the legal requirements. Several constitutional rights were identified as violated, including: legal certainty, effective judicial protection, due process, and priority care for people with catastrophic illnesses, as stipulated in the Constitution of the Republic of Ecuador. The research applied the standard of sufficiency in the reasoning, as well as a questionnaire to evaluate the correctness of the judicial decision, in order to determine whether the ruling should be corrected by an appellate judge. The main finding is that the reasoning behind the ruling is consistent. The Constitution enshrines fundamental rights, but also the obligation of the State nd therefore its authorities o repair damages caused.