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

Abstract

Abstract:This research addresses the motivation in judgments issued by first-level judges in Ecuador. The general objective is to evaluate the correct and sufficient motivation of the judgment ordering the destruction of cultural heritage assets, in order to determine whether it complies with standards that guarantee the protection of rights. The research is conducted in Cuenca, the sample corresponds to judgment No. 10282-2017-00047, and the analytical method is used, which comprehensively assesses the ruling. The techniques employed include the schematization of the judgment's arguments, parts of its argumentation, a questionnaire on the standard of sufficiency of motivation, a questionnaire on correct motivation, and the use of the SATJE system. For the development of the doctrinal and jurisprudential analysis, databases available on websites were used, from which jurisprudence, laws, doctrine, digital books, and journal articles were compiled. In conclusion, the judgment is duly reasoned, adequately sets forth the factual and legal grounds, and does not violate any guarantees. There are no defects that justify appeal or annulment due to deficiencies in the reasoning.