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

Abstract

Abstract: This Curriculum Integration project focuses on the analysis and evaluation of the correct and sufficient motivation in a sentence issued by a first-level judge in Ecuador; the study centers on traffic criminal sentence No. 06282-2023-01260, which determines a citizen guilty of manslaughter while intoxicated and property damage. Sufficient motivation is established as a constitutional guarantee that requires public authorities to justify and argue every judicial decision through the enunciation of legal norms and principles. The application of Article 464, paragraph 5 of the COIP and its aggravating circumstances was legally upheld. In the analysis of this judgment, it is concluded that there is no lack of motivation since there was documentary evidence, the expert reports corresponding to the case, testimonial evidence, the agents' arguments, and the defendant's refusal to provide samples for examination, all of which served as the basis for the judge's decision.