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

Abstract

Abstract: Analysis of the judgment in case NN, conclusions and recommendations reached, reviewing motivational concepts and contrasting the issue. Weighing whether this ruling contains sufficient and correct motivation, or whether the judge applied doctrinal and jurisprudential precepts related to the factual facts and the rights of the parties. I perceived findings: the arguments contradict the legal problems to be resolved. The judge becomes entangled in issues and sub-issues, losing the thread of the causal link, the defendant's participation, and their responsibility or innocence. I do not find an accurate analysis or response to the points of the problem to be resolved. The legal grounds and central arguments put forward by the judge are incidental declaratory and not correct in their decision. The judge issued an erroneous verdict because, in the expository section, he did not present all the evidence; the reasoning section aimed to confirm innocence, while in the operative section, he issued a conviction. To understand the parts of this sentence, the arguments of the parties and the judge for the sentence, I used motivational analytical analysis as a methodology, managing to interpret that the judge did not correlate the facts, the statements made, and the decision. To understand, as a technique, I outlined parts of the sentence in questionnaires and reviewed databases during the same physical process.