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

Abstract

Abstract: This thesis analyzes the judicial motivation within Sentence No. 17231-2023-01427 for the fulfillment of a promissory contract, issued by the Civil Judicial Unit of the Rumiñahui Canton, Pichincha Province. We will examine whether the judge's motivation complies with the established norms and laws for a correct or sufficient motivation. We focus on the analytical and comparative legal method, analyzing and reviewing documents and regulations to arrive at an answer to the problem. We conclude that the aforementioned sentence does provide sufficient motivation, as the judge not only cites but also focuses on the relevant articles of the Constitution of the Republic, the Organic General Code of Procedures, the Judicial Function, etc. The judge applies this analysis in the sentence, where their decision is a voluntary conciliation between the parties. We also analyze If it has motivational flaws such as insufficiency, non-existence, or lack of relevance, demonstrating that it does not authorize any flaw because the judge makes the decision based on the facts and applies the rule to them, for which reason the decision is correct.