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

Abstract

Abstract: The project analyzes the proper and sufficient reasoning of Judgment No. 17230-2023-07445, issued by a first-level judge in matters of landlord-tenant law. In Ecuador, the lack of specific legal studies makes it difficult to establish clear mechanisms for evaluating this constitutional requirement, compliance with which is mandatory for all judges under penalty of nullity, according to Article 76.7.l of the Constitution. The research employed a judgment analysis methodology derived from the analytical method. The judgment was broken down to evaluate its arguments. Sufficient reasoning was assessed by applying the sufficiency standard questionnaire, in accordance with the parameters of the Constitutional Court established in Judgment No. 1158-17-EP/21. Simultaneously, proper reasoning was examined using a specific questionnaire. The analysis verified that, although the judgment meets the standard of sufficient justification, it presents debatable points regarding the sanction and compensation for both parties. Therefore, it is concluded that the decision is subject to correction by a second-instance judge through an appeal, given the legitimate interest of the parties in requesting the modification of the ruling.