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

Abstract

Abstract: This thesis analyzes the reasoning in judicial decisions issued by first-level judges in Ecuador, which is considered a fundamental guarantee of due process and the right to defense. Specifically, the study focuses on the analysis of a protective action judgment corresponding to case No. 17240-2019-00010, related to an alleged case of pre-contractual employment discrimination based on a health condition (HIV). Methodologically, the applied methodology is qualitative, using the analytical method, which allows for the breakdown of the judgment into its factual and normative elements. Likewise, the evaluation employs the standard of sufficiency of reasoning and the correct reasoning questionnaire, in accordance with the jurisprudence of the Constitutional Court of Ecuador. Furthermore, the results show that the analyzed ruling presents sufficient and correct motivation, with adequate legal foundation and reasoned assessment of the evidence, thus guaranteeing legal certainty and the protection of constitutional right.