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

Abstract

Abstract: This work consisted of analyzing and evaluating the motivation in the judgments issued by first-level judges in Ecuador, including multi-jurisdictional judges, criminal courts, district administrative and tax courts, and provincial courts nationwide. In this case study, we used a judgment in the area of ​​criminal law, in which we applied the technique proposed by Manuel Atienza (Atienza, 2013, pp. 424-429). This technique consists of developing a diagram that serves to represent the arguments (normative and factual) of a judgment. Through these arguments, we rationally justify the legal decision applied in the judgment.