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

Abstract

Abstract: The purpose of this research is to analyze the motivation behind the rulings issued by First-Level Judges in Ecuador. This research proposal is facilitated and promoted by the National Secretariat of Higher Education, Science, Technology and Innovation (SENESCYT) through its National Leveling and Admission System (SNNA). For this purpose we must know that in the different criminal, civil, etc. processes, the sentence of the first level judges must be motivated, from the legal normative point of view, from the national and international jurisprudence taken from the sentences of the Constitutional Court, National Court of Justice and Sentences of International Treaties of Human Rights, however many times the necessary motivation is not carried out, hence they present other resources, in order to prevent Constitutional Rights from being violated and the accused persons are left in a state of defenselessness, seeking to strengthen our knowledge as future lawyers, for the effect we have chosen a particular sentence in which a criterion has been issued by the first level judge judging the accused person, which for this purpose is related to Criminal Law, within Criminal Process No. 09XX0-2023-00XXX, for the crime of possession and carrying of weapons.