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

Abstract

Abstract: In the present degree project, an analysis is conducted of the reasoning provided in the judgment issued by the first-instance judge in Ecuador, based on Judgment No. 329-16-SEP-CC of the Corte Constitutional del Ecuador. This analysis demonstrates that the lack of sufficient reasoning in judicial decisions, in this case related to protection measures in situations of domestic violence, may lead to the violation of constitutional rights, such as the right to effective judicial protection, due process, and the right to live free from violence. Through a qualitative, documentary, and legal approach, the analytical and hermeneutic methods are applied to evaluate the constitutional standards of judicial reasoning and their application by the first-instance judge in this case. The results of this analysis show that the decision adopted by the first-instance judge lacks adequate legal and factual justification. In conclusion, judicial reasoning constitutes an essential guarantee of due process, and its observance is indispensable to ensure the effective protection of fundamental rights.