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

Abstract

Abstract: This undergraduate research project, developed in the Faculty of Law and Political Science at the university, uses a particular technique to address the motivation in judgments issued by judges at first instance in Ecuador, specifically in the civil law branch. It analyzes how judicial decisions are justified and what levels of motivation are considered sufficient and correct from a theoretical framework. The research includes a literature review on the motivation of judgments within the typical structure of a ruling and the doctrinal development of the topic, with emphasis on elements such as the narration of facts, legal issues, and the responses that lead to the ratio decidendi and, to a lesser extent, obiter dictum. Regarding the methodology, objectives, hypotheses, and research techniques are proposed to evaluate the effective motivation of judgments, as well as the resources employed. The results are structured around the evaluation of motivation according to sufficiency standards and the quality of the judgment. The discussion summarizes the findings, and conclusions and recommendations are presented to strengthen judicial argumentation.