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

Abstract

Abstract:The general objective of this research was to analyze and evaluate the correct and sufficient motivation in the judgments issued by first-level judges in Ecuador. To this end, a schematic was created based on the arguments of the first-level judgment selected for this study. This allowed for an analysis of the motivation of the chosen judgment. In this sense, an evaluation of the sufficient motivation of said judgment was carried out using the sufficiency standard questionnaire. The correct motivation was also evaluated using this questionnaire. The methodology applied was based on a qualitative approach and an analytical method. This method was applied when breaking down the analyzed judgment into each of its parts, thus enabling an in-depth study of each of the arguments made by the judicial officer to arrive at their judgment. Finally, the research concluded that judicial motivation in every judgment constitutes an essential pillar of the judicial function.