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

Abstract

Abstract: This research analyzes the judicial motivation in judgments issued by first-level judges in Ecuador, using as a case study case No. 03333-2021-00989, processed in the Civil Judicial Unit of the Azogues canton, Cañar province. The sample for this study is limited to the analysis of this single judgment, issued within a lawsuit for the recovery of ownership against a counterclaim for extraordinary acquisitive prescription. A qualitative, analytical approach is employed, complemented by the "EL SER" method proposed by Atienza, content analysis, and the application of questionnaires designed to assess the sufficiency and correctness of the motivation. Its social relevance lies in the fact that motivation constitutes a pillar for transparency, due process, and legal certainty. The novelty of the study lies in applying the standards of motivation to a first-level judgment, the same standards used to analyze constitutional rulings, thus revealing how these criteria function in ordinary judicial practice, an area that has received little research in Ecuador. The results show a complete and coherent justification, without factual, normative, or logical flaws. It is concluded that the judge adequately justified his decision, rejecting the claim of prescription due to lack of continuous possession and declaring the claim for recovery of possession admissible.