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

Abstract

Abstract: This research focuses on the critical analysis and comprehensive evaluation of the correct and sufficient motivation in the judgments issued by first-level judges in Ecuador, an essential component of due process. The study examines in depth the factual and legal basis of these judicial decisions, crucial for guaranteeing effective judicial protection. Through a review of authoritative doctrine, relevant constitutional and legal regulations, and a detailed analysis of emblematic cases such as Trial No. 24281-2023-02866 of the Criminal Unit based in the Canton of La Libertad, the hearing for Direct Proceedings was held, in which the respective judgment ratifying the constitutional status of innocence of EGSR was issued in a reasoned manner, as provided for in Article 76, paragraph 7, subparagraph L, of our Constitution. This work identifies the strengths and, especially, the recurring weaknesses in judicial argumentation. The fundamental contribution of this thesis is to offer a precise and up-to-date diagnosis of the quality of motivation in the Ecuadorian first instance court. The judge concludes that the charge of the crime is dismissed due to a lack of evidence to prove the alleged crime of identity theft and issues a ruling ratifying the constitutional presumption of innocence in favor of Mr. EGSR, with Ecuadorian national identity card number XXXXXXXXXX, of legal age, residing in the province of Santa Elena, as his responsibility in committing the crime defined and sanctioned in Article 212 of the Comprehensive Organic Criminal Code (COIP), that is, identity theft, has not been proven according to law. This work proposes constructive critical reflections and clear guidelines for its substantial strengthening, thus seeking to contribute significantly to legal certainty, the predictability of rulings, and the legitimacy of the judicial system in the country.