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

Abstract

Abstract:Motivation is the logical and legal reasoning by which a judge explains the grounds for their decision in response to claims in a legal proceeding. It is considered a right and a guarantee of due process, allowing for the delimitation and prevention of any type of arbitrariness in the determination of rights and obligations of any kind. Its non-compliance not only affects the right to a reasoned decision but also the right to a defense, legal certainty, effective judicial protection, and the full exercise of the right to appeal. In this research, the correct and sufficient motivation issued by the first-level judges in case No. 11804-2019-00234 was analyzed and evaluated to confirm whether the judgment met the requirement of sufficient and/or correct motivation. To achieve these objectives, an analytical methodology supported by the "EL SER" method was applied, along with the application of questionnaires on sufficient and correct motivation. Through analysis, it was determined that the judgment issued by the Administrative Court complies with these standards of justification.