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

Abstract

Abstract: The present work analyzes the motivation behind judgments issued by Ecuador's highest judge, taking into account their compliance with the right to effective legal protection and due process. Using doctrinal, normative, and empirical approaches, the obligations of judges to be clearly, constantly, and reasonably verified in their decisions are examined. Repeated deficiencies in the quality of reasoning are identified, such as a lack of sufficient justification, the use of general formulas, and the absence of personalized analysis of the facts and the applicable law. Guidelines are also proposed to improve legal motivation in order to strengthen transparency, legitimacy, and public trust in the justice system. This study provides theoretical and practical tools to promote fundamental rights within a more guaranteed and decent legal culture.