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

Abstract

Abstract: This work addresses the issue of motivation in the judgments of first-instance judges in Ecuador. It is a qualitative, dogmatic legal investigation with a case study to determine whether the judgment in case 1120320180XXXX, concerning the inventory and appraisal of company assets, meets the standards of sufficient and adequate motivation. This document included a documentary analysis of the judgment and its corresponding comparison with the Constitution, the Organic Code of the Judiciary, and the General Organic Code of Procedures, as well as the jurisprudence related to motivation. The results reveal an argumentative structure ordered according to the recognition of insufficiently disputed facts, the determination of jurisdiction, the subsumption to the factual scenario, and the undisputed assessment of the expert report. This study concludes that the analyzed ruling is sufficiently reasoned and, in general, well-founded, because the facts, the legal provision, and the decision are explained without major contradictions. Finally, there are recommendations to improve the quality of reasoning in judicial rulings.