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

Abstract

Abstract: The present investigative work will analyze the motivation of the sentences issued by firstlevel judges in Ecuador, evaluating their sufficiency and correct motivation dictated by the judge in charge of the case under study. A case of violence against women and members of the family nucleus was studied, employing the EL SER method to synthesize the factual, normative, and doctrinal demonstrations of the sentence. The pattern of motivation disposition and the questionnaire of correct and sufficient motivation were used to match possible deficiencies and motivational vices, such as incoherence, intent, incongruity, and incomprehensibility. The derivations demonstrated that the sentence performs with judgments of adequate foundation, evaluation of evidence, and logical connection, certifying the protection of legislative rights and the complete process. Using the analytical methodology with the necessary tools to demonstrate or deny the proposed hypothesis, we will present representations aimed at optimizing the disposition of judicial motivation, strengthening the normative foundations and the factual foundations of the case to obtain legality of the case in the Ecuadorian justice system.