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

Abstract

Abstract: This study focuses on This work focuses on a critical analysis of the reasoning related to the judgment issued in employment case No. 17371-2020-02521, concerning a claim for compensation for wrongful of job dismissal. The research comes from the context of judicial collapse in Ecuador, which makes it difficult for inferior courts judges to establish sufficient reasoning. The main objective is to determine whether the analyzed judgment has a reasoning deficiency (non-existence, insufficiency, or apparent deficiency) or otherwise the sentence meets the minimum required standards. Using a practical methodology, this research examined in detail the expository, reasoning, and operative sections of the judgment. The results showed that the judge resolved each point of the debate with due legal reasoning, addressing with the established reasoning, founding such decision in legal doctrine and jurisprudence with in relation to the proven facts. Is concluded that the judgment has sufficient motivation, both in its factual and legal grounds, and therefore should not be voided or amended. This exhaustive analysis has resolved the given hypothesis furthermore contributes a significant academic value by strengthening the knowledge.