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

Abstract

Abstract: This thesis analyzes the reasoning behind the judgment of the judge of the first level in the province of Orellana, addressing the problem based on the lack of reasoning among first-level judges in Ecuador within the context of the standard of sufficiency and proper reasoning. The objective is to demonstrate the legal reasoning acquired throughout our studies, investigating the legal framework that establishes multiple consequences when reasoning is incorrect according to the law, in cases of errors in the interpretation and application of legal norms or according to the facts, for example, in cases of errors in the assessment of evidence and of sufficient reasoning that serves the right to due process. The aim is to analyze and evaluate the reasoning in judgments issued by first-level judges, including multi-competent judges, criminal courts, and district courts of administrative and tax litigation. and provincial courts at the national level as well as the review of the different appeals of the COGEP and COIP.