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

Abstract

Abstract: This paper analyzes the correct and sufficient motivation in the judgments issued by first-level judges in Ecuador, based on the study of a real case of extraordinary acquisitive prescription of ownership processed before a Multicompetent Judicial Unit with jurisdiction in the Sígsig canton, Azuay province. The general objective of the research was to evaluate the quality of judicial motivation from the constitutional and doctrinal standards of legal argumentation. The research was developed using a qualitative approach, with an analytical-descriptive scope, taking as a sample a final judgment from the first instance. The methods used were documentary analysis and the EL SER method for the structured study of judgments; the techniques included normative and jurisprudential review; and the instruments included questionnaires on the standard of sufficiency of motivation and correct motivation. The results show that the analyzed ruling presents a clear, coherent, and reasonable rationale, without any apparent flaws, complying with the constitutional parameters of due process and effective judicial protection. In conclusion, the examined ruling reflects a solid legal argument, which contributes to strengthening the transparency and legitimacy of the judicial function.