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

Abstract

Abstract: The study analyzes judicial motivation in the rulings of first-level judges in Ecuador, highlighting its impact on transparency, due process guarantees, and legal certainty. Through a review of legal, doctrinal, and jurisprudential elements, the study identifies the elements that allow for the conclusion of correct and sufficient motivation, accompanied by the legal effects that, conversely, result from a lack of sufficient motivation. It also examines the national and international criteria that allow for establishing the optimal level of supporting arguments expected in proper judicial reasoning and the consequences of failing to do so, in terms of access to justice and trust in the legal system. Based on a review of rulings and the application of questionnaires, the study proposes criteria to clarify the methods that preserve citizen motivation in Ecuador. It is concluded that, given that insufficient grounding can lead to insecurity in the aforementioned legal system, as well as in the right to appeal, it is advisable to continue the legal training of judges and the way in which legal issues are articulated in matters of argumentation. This work presents a set of proposals to provide a sufficiently clear index of the methods introduced into judicial practice, as well as guarantees, in order to bolster citizen motivation by providing coherence and clarity in the decision-making of the administration of justice, in favor of trust in the justice system, the form of justice, and the possibility of access to justice in a pluralistic sense.