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

Abstract

Abstract: This research seeks to determine the adequate justification of first-level judgments issued in Ecuador, considering the large number of these rulings issued daily by judges. It also takes into account that there is no academic analysis to determine whether Article 76, paragraph 7, subparagraph l of the Constitution of the Republic of Ecuador, which guarantees justification within due process, is being adequately fulfilled. This guarantee is a fundamental right to defense, as the lack of such justification renders the judgment null and void. Therefore, in the research work proposed, the previously selected sentence is analyzed, adequately outlining the arguments presented by the judges and evaluating the elements that must be considered for appropriate motivation, focusing on the parameters of reasonableness, logic, and comprehension required in the application of the proper regulations to the event that occurred, which demonstrates the relevance of the sentence issued by the magistrate.