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

Abstract

Abstract: This document seeks to establish the motivation behind the judgments of first-level judges in Ecuador, emphasizing the sufficiency and correctness of the judgments. It seeks to examine the motivation and its foundation in terms of doctrine and law, placing greater emphasis on its relevance to due process, legal certainty, and the right to defense. Through the analysis of case No. 23281201800657, it seeks to verify the existence of standards of motivation or, conversely, the presence of deficiencies that could affect the validity of the judgment. Ecuadorian law and national and international jurisprudence are studied, highlighting the jurisprudence of the Inter-American Court of Human Rights on the right to a reasoned decision. Likewise, means of appeal are explored to avoid the abuse of dismissal without grounds. It attempts to verify that the motivation exercised by a judge primarily implies the legitimacy and transparency of the decisions. And, as a final point, I suggest the use of the Best Practice Case technique in the judicial process and the use of the methodology and technique of simple ordering, which guarantees compliance with regulations and the safeguarding of everyday procedures.