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

Abstract

Abstract: This thesis, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, investigates the sufficiency and correctness of the motivations contained in the rulings issued at first instance. The inquiry responds to the need for judgments to conform to the normative parameters that guarantee the right to effective judicial protection and due process. Based on a qualitative approach and the analytical method, the study broke down the judgments into their basic components, using argumentative schematization, a questionnaire on the standard of sufficiency, and another focused on the correctness of the motivation. The data collected reveal that a considerable number of judgments suffer from motivational deficiencies, such as insufficiency, incoherence, and incongruity, which erodes the legitimacy of the decisions. Based on these findings, recommendations are formulated that seek to strengthen the training of judges in legal argumentation and promote the construction of a more robust and transparent judicial system.