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

Abstract

Abstract: This paper, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, examines the quality of judicial motivation in first-instance decisions to verify their conformity with constitutional and procedural standards. It analyzes the judgment issued in case No. 01658-2024-00056, processed before the Multicompetent Judicial Unit of Camilo Ponce Enríquez, corresponding to the action for recovery of possession filed by NN against NN. The study reviews the factual and legal structure of the ruling, highlighting the normative foundation and the argumentative coherence of the judge. In accordance with the provisions of our Constitution of the Republic of Ecuador and the General Organic Code of Procedures, it is concluded that the resolution issued by the competent Judge in the case has complied with the provisions of Articles 76, paragraph 7, subparagraph I , 99, and 101 of the aforementioned law. It takes into consideration the alleged facts, meticulously evaluates the evidence, and ultimately concludes that the claim is inadmissible. Thus, it is evident that the judgment under review is in accordance with the law, is valid, and is coherent, without failing to...