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

Abstract

Abstract: This thesis project, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, studies the argumentation that must be included in judicial decisions, as stipulated in Article 76, paragraph 7, subparagraph l) of the Constitution of the Republic of Ecuador. It analyzes the incorporation of new guidelines in the typology of argumentation required for the motivation of a judicial resolution. The analysis focuses on Judgment No. 09290-2021-00673, issued by the Criminal Guarantees Court in the canton of Guayaquil. This case summons the defendant to trial, considering him the alleged direct perpetrator of the crime defined and punished by Article 144, in conjunction with Article 39, of the Comprehensive Organic Criminal Code. Judge Kelttya Martina López Burgos decided to declare the accused innocent of all charges and lift all precautionary measures, since having been deprived of his liberty, the release order was immediately issued.