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

Abstract

Abstract: This research analyzes the reasoning behind judgments issued by first-level judges in Ecuador, with the sole objective of determining their conformity with constitutional principles, especially the right to effective judicial protection. This study highlights the reasoning behind judicial decisions as a fundamental guarantee of due process and as an indispensable means of ensuring the control of jurisdictional decisions. It is evident that, in numerous cases, judgments lack sufficient justification, which negatively affects the rights of the parties involved in the proceedings. Using a qualitative approach, legal norms are reviewed, identifying frequent shortcomings in judicial argumentation. The study emphasizes the importance of proper reasoning as a guarantee of due process for the transparency of judicial decisions. Criteria are proposed to strengthen the justification of judgments, promoting a clearer judicial practice regarding fundamental rights. This work contributes to the improvement of the justice system in Ecuador by providing theoretical and practical tools for judges, lawyers, and legal professionals seeking to ensure fairer and more well-founded decision.