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

Abstract

Abstract: This work, entitled "Motivation in Judgments Issued by First-Level Judges in Ecuador," aims to analyze the sufficiency of judicial motivation in rulings issued by first-instance judges, using case No. 09319-2023-00721 ​​as a case study. The research is based on an analytical method, exploring the judgment under study in parts, considering both factual and normative elements. The results indicate that the judge in this case carried out the executions in accordance with due process, and her decision was based on the Constitution of Ecuador, the General Organic Code of Procedure (COGEP), and the Commercial Code. Therefore, no deficiencies in the judicial motivation were found. It is concluded that motivation is a constitutional guarantee provided by the State to shape its decisions in such a way that they are reasoned, transparent, and fair, thus ensuring the right to defense and the legal certainty of citizens. Under this premise, it is essential to continuously train judges and actors involved in legal processes so that they properly comply with regulations, but also provide a logical, precise, and understandable basis for the judgments that are under their responsibility.