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

Abstract

Abstract: This work focuses on studying the motivation behind the judgments issued by first-level judges in Ecuador, since motivation is considered a constitutional and fundamental guarantee for respect for due process and legal certainty. Therefore, this study's main objective is to determine whether judicial decisions effectively comply with the standards of sufficient and correct motivation established in both the Constitution of the Republic of Ecuador and the General Organic Code of Procedures, as well as in the jurisprudence developed by the Constitutional Court. Through a doctrinal and jurisprudential legal perspective, we identify the principles that underpin the task of judges to adequately motivate their judgments, highlighting the importance of always having clear, coherent, and reasoned arguments. Furthermore, Judgment No. 14307-2022-01079, related to extraordinary acquisitive prescription, was analyzed in depth. of domain, which allows us to observe visibly how judicial motivation is realized in a practical case. The final results demonstrate that the judge does develop a logical, orderly, and duly supported reasoning based on relevant legal norms, as well as on the evaluation of the evidence, which ensures the effective judicial protection of the procedural parties. Finally, it is concluded that adequate judicial motivation not only legitimizes the justice system, but also makes judicial decision-making transparent and thus strengthens the citizens' credibility in the work of judges.