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

Abstract

Abstract: This thesis analyzes whether there is sufficient justification in the judgment issued in case No. 13340-2019-00787 by the Criminal Guarantees Court of the Sucre canton, Manabí province, by first-level judges in Ecuador. The guarantee of justification is a fundamental requirement within the Constitutional State, which pursues the imperative of achieving justice through law, enshrined in Article 76.7, paragraph L, of the Constitution of the Republic. Failure to observe this principle violates the right to due process and renders the decisions of public authorities null and void. The research employed a qualitative approach through content analysis of a first-instance judgment. The "EL SER" technique by Atienza was applied, along with questionnaires on the standards of sufficiency and proper motivation, according to the parameters developed by the Constitutional Court in Judgment No. 1158-17-EP/21. The judgment under study meets the guarantee of sufficient motivation, as the analysis concluded that the Criminal Court's ruling satisfies the standards of sufficiency and proper motivation.