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

Abstract

Abstract: This research analyzes the degree of motivational sufficiency of the judgment issued in Ecuador, in the Criminal Judicial Unit located in the canton of Loja, province of Loja, within case No. 11282-2022-00818G against the defendant for the crime of illegally practicing a profession. The study was developed using a qualitative approach, employing the analytical method and the legal content analysis technique, applied through the evaluation instruments of the sufficient motivation standard and the correct motivation standard, designed to examine the normative, factual, and legal levels of the ruling. The results show deficiencies in the normative subsumption, internal inconsistencies, and a lack of logical correspondence between facts, evidence, and the decision, constituting an apparent and insufficient motivation that violates the principle of legality and effective judicial protection. Furthermore, inconsistencies were identified in the determination of the sentence and in the application of the criminal offense. It is concluded that the sentence presents a lack of justification that would warrant its annulment, and it is recommended that jurisdictional control mechanisms and judicial training be strengthened to ensure coherent, verifiable decisions that are in accordance with the constitutional state of rights and justice.