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

Abstract

Abstract: The research topic is the motivation behind the judgments issued by first-level judges in Ecuador, focusing on the analysis of a criminal ruling. Furthermore, the general objective is to evaluate the motivation behind the judgment in case No. 09281-2022-02621, determining its sufficiency and correctness to guarantee due process. The research was conducted in Ecuador, specifically within the judicial context of Guayaquil, Guayas Province. The sample comprises a single first-instance criminal judgment issued by the Criminal Guarantees Court. A descriptive-analytical qualitative method was employed, using techniques such as argumentation schematization, questionnaires on motivational sufficiency and correct motivation, and instruments such as the SATJE system, legal databases (CEP web, Vlex Lexis), and specialized legal scholarship. Furthermore, the overall conclusion reveals that the judgment presents substantial motivation, without flaws such as non-existence or appearance, strengthening legal certainty.