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

Abstract

Abstract: This research analyzes the motivation in judgments issued by first-level judges in Ecuador, taking as a case study civil case No. 18334-2024-04212 processed in the Civil Judicial Unit of the Ambato canton, with the objective of evaluating the sufficiency and correctness of judicial motivation as guarantees of due process and fundamental rights. The study used a qualitative and documentary methodology. The sample is a judgment in which a bill of exchange for USD 15,000 is executed. The instruments used were two questionnaires that serve to measure the existence of sufficient and correct motivation. The techniques employed were document review, legal content analysis, and case study. The results show that the judgment satisfies the minimum requirements of sufficient motivation by expressing facts in accordance with Article 352 of the COGEP (General Organic Code of Procedure), but presents weaknesses regarding the argumentative depth necessary for correct motivation. It can be concluded that motivation is essential to strengthen the protection of the law, as well as citizen legitimacy in the Ecuadorian justice system.