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

Abstract

Abstract: This work is based on the research methodology of motivational analysis of judgments, whose objective is to propose, through the analysis and evaluation of judgments issued by first-level judges in Ecuador, alternatives to the problems they present both in the practice of law and for those who practice it (magistrates, legal representatives, or litigating lawyers), reflected in delays in judicial processes, bureaucratic systems, or a lack of effectiveness of magistrates when issuing their judgments, the topic on which this research focuses. It is important to highlight that a verdict cannot always have an impeccable justification pleasing to everyone, considering that the human factor plays an important role, and that attending to and issuing judgments daily in hundreds of cases does not exempt them from the possibility of inaccuracies. Therefore, the need arises to analyze the motivation behind the first-level ruling, issued by Judge Washington Jorge Duarte Estévez in the case of inventory of assets of the marital partnership No. 17986-2023-00359.