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

Abstract

Abstract: Considering the need to establish the appropriate justification for first-level judgments issued by judges in Ecuador, and taking into account the large number of these judgments issued daily, this work seeks to critically analyze the necessary and correct justification within the aforementioned rulings. It is considered that there is insufficient academic research on this topic. The guarantee of justification is part of due process, enshrined in Article 76, paragraph 7, subparagraph l of the Constitution of the Republic of Ecuador (2008), as a way to guarantee the right to a defense. In order to achieve the objective described above, a judgment from a real legal situation has been selected, with a first instance resolution, to carry out the schematization of the same and extracting the essential argumentation that the judge of the case has based, seeking to establish the parameters of reasonableness, logic and comprehensibility to demonstrate the sufficiency or correct exposition of this motivation.