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

Abstract

Abstract: This research focuses on analyzing how a first-level criminal sentence is justified in Ecuador, using as a reference case No. 12313-2021-00611 processed in the Multicompetent Judicial Unit of the Montalvo canton. The main purpose was to evaluate whether the judicial decision studied complies with the parameters of justification required by the Constitution, the law, legal doctrine, and precedent of the Constitutional Court, especially within the accusatory criminal justice system. A qualitative and analytical approach was used for this purpose. Methods such as documentary analysis, the EL SER method, and the argumentative framework of Manuel Atienza were applied, allowing for the examination of the legal structure of the sentence, the way in which the judge applied the legal norms, and how the procedural facts were assessed. Techniques for reviewing case files and legal analysis forms were used to organize the information. The results show that the sentence has sufficient justification, especially since the judge clearly explained that, in the absence of a prosecutorial accusation, the process could not continue in accordance with the regulations of the current Ecuadorian legal system.