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

Abstract

Abstract: This work, which deals with the first instance judgment, aims to clarify and delve deeper into jurisprudential reasoning, since, through this, we understand that for a judge to reach a correct and just decision, they must analyze and evaluate the essential foundations, both normative and factual, to justify and substantiate their judicial decisions. Without forgetting the constitutional rights inherent to every citizen, it should be mentioned that this work also addresses the procedural and constitutional guarantees to prevent the violation of rights protected by the Constitution and to ensure that the procedure is always carried out in accordance with the law. This work also seeks to clarify and inform that a judgment may present motivational deficiencies or lack sufficient reasoning, which can result in a lack of clear and precise grounds, and, consequently, in the annulment or revocation of the judgment. This work also analyzes the actions that competent people can take, given that a judge can never issue a sentence based on their personal opinion, but must always adhere to the rules and current legislation.