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

Abstract

Abstract: This paper examines the motivation of judgments in the Ecuadorian judicial system, which is fundamental to due process and the right to defense. It analyzes the constitutional requirement of Article 76, paragraph 7, subparagraph L, which seeks to legitimize and make judicial decisions transparent, facilitating review by higher courts and preventing arbitrariness. The paper delves into the concepts of sufficient motivation, such as the minimum amount of justification and the correct quality and soundness of reasoning, highlighting the differences between the two. It also identifies flaws in motivation, such as non-existence, insufficiency, superficiality, incoherence, irrelevance, incongruity, and incomprehensibility. The lack or deficiency in the motivation leads to the nullity of judicial acts, generating legal uncertainty eroding public trust in justice; finally, procedural mechanisms such as appeal, cassation, and review are addressed to correct defectively motivated judgments, emphasizing that motivation is the essence of a State governed by the rule of law.