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

Abstract

Abstract: The first-level judgments issued daily in Ecuador seek to establish justice appropriately in compliance with the law. However, these judgments are issued in large numbers, and the workload they represent for those responsible for them can lead to a failure to comply with essential guarantees such as the right to a reasoned decision as part of due process. Furthermore, they may result in other types of violations of constitutional norms, such as effective judicial protection, legal certainty, and consequently, the right to a defense. Therefore, it is necessary to analyze these judgments to determine whether or not such compliance is occurring. Given this concern, this research paper is proposed to determine the importance, elements, and characteristics of the guarantee of a reasoned decision through an analysis that allows for its evaluation in a judgment from a real legal case, revealing whether, in practice, this right of the parties in a case is being fulfilled.