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

Abstract

Abstract: This research paper addresses the motivation behind the judgments issued by first-level judges in Ecuador, evaluating whether they meet the standards of correct and sufficient motivation, fundamental formalities for guaranteeing the right to due process. Therefore, the objective of this research was to analyze and evaluate the correct and sufficient motivation in these judgments. To achieve this, the "Being" method and argumentative schematization techniques were used to specifically analyze Judgment No. 18803201700003 issued by the Administrative and Tax Court of Ambato. Applying the questionnaires for the standard of sufficiency of motivation and correct motivation, it was determined that the judgment fully satisfies the criteria of sufficient and correct motivation, also presenting a logical structure, a concrete factual and normative foundation, and a lack of motivational deficiencies and flaws. This work highlights that the use of methodological instruments improves jurisdictional practice, thus guaranteeing due process, legal certainty, and the legitimacy of judicial acts.