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

Abstract

Abstract: In our country, the judicial system is heavily criticized because it does not always meet the expectations of justice that citizens have. Therefore, the magistrates responsible for administering justice, in order to fully comply with constitutional guarantees as protectors of citizens' rights, have stipulated standards of justification in the decisions made by judges. This aims to ensure that due process is upheld as an essential right, allowing for the demand that decisions be justified and thus demonstrating the normative principles on which the competent authorities have based their decisions and rulings. Likewise, the justification accounts for and supports the resources to which the judge has submitted during the process to guarantee its validity. This work intends to investigate and analyze whether the necessary parameters for ensuring motivation are met, with the purpose of protecting the rights and guarantees contained in the constitution, thereby strengthening effective judicial protection.