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

Abstract

Abstract: This research seeks to highlight the importance of motivation within the legal sphere to guarantee the right to a defense and due process, allowing the parties to understand the arguments on which a decision is based. It also aims to promote transparency, enabling society to monitor and evaluate decisions based on the law and not on arbitrariness; as well as the protection of fundamental rights, which is the primary basis of due process, since its absence can threaten other rights. Therefore, it is essential to be able to analyze and evaluate the correct and sufficient motivation in the sentences issued by judges in our country, based on the arguments presented in sentence No. 09267202200090, where it was determined as a crime of femicide typified in article 141 of the Comprehensive Organic Criminal Code of Ecuador, after the analysis carried out by the Court on the motivation of the gender-based violent event, and the acts of violence through duly substantiated evidentiary mechanisms and following due process.