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

Abstract

Abstract: This research project, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, analyzes the minimally complete structure as stipulated in Article 76, paragraph 7, subparagraph l) of the Constitution of the Republic of Ecuador. The Constitutional Court of Ecuador, in its Judgment No. 1158-17-EP/21, incorporates a typology of motivational deficiencies: non-existence, insufficiency, and appearance; moving away from the motivational test. Judgment No. 15281-2017-00705 of the Criminal Judicial Unit of the Tena canton assumed the complaint filed by the plaintiff against the judge for allegedly uttering defamatory verbal expressions, incurring in the provisions of Article 396, paragraph 1, of the Comprehensive Organic Criminal Code (COIP), that is, a fourth-class contravention. To issue the sentence, the judge based his decision on the fact that no specific criminal offense was applicable, and the criminal offense that was reported is that defined in Article 396, paragraph 1 of the COIP (Comprehensive Organic Criminal Code). For the development of this investigation, the analytical method was employed.