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

Abstract

Abstract: This paper will analyze whether there was proper reasoning in judgment number 01613-2024-00875, issued by the Multicompetent Judicial Unit of the Santa Isabel canton, belonging to the province of Azuay, which resolved the executive process for the collection of a promissory note. The judge did indeed verify that the presented negotiable instruments met the legal requirements, and since there was no opposition from the defendants, issued a judgment in favor of the creditor pursuant to Article 352 of the COGEP, which states: If the debtor does not appear or does not raise objections within the legal term, or if these are rejected in whole or in part, the judge shall issue an executive judgment ordering that the obligation contained in the executive instrument be fulfilled, with its interest and procedural costs. (General Organic Code of Procedures, 2015, art. 352) The ruling was accepted due to its sound factual, normative, and legal reasoning, properly applying Articles 75, 76, and 169 of the Constitution, which guarantee due process and effective judicial protection. The study of first-level judgments is essential because it allows for the analysis of the correct application of the law, due process, the evaluation of evidence, and the argumentative coherence of the judges. Understanding these decisions strengthens legal training, promotes legal certainty, and improves the quality of the judicial system.