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

Abstract

Abstract: The reasoning behind first-level judicial decisions is recognized as a right of the parties and a guarantee that requires the justice system to establish the reasons for its decision, stipulating that it be accompanied by legal, doctrinal, and factual grounds that maintain coherence in relation to the case, thus applying to effective judicial protection, since in this way the parties can be aware of the reasons driving the decision and can accept them or appeal as they see fit. This research gathers important aspects that arise from the conceptualization and the way in which correct and sufficient reasoning should be carried out; In turn, it raises standards of motivation, the ways in which it is flawed, incomplete, or erroneous, and based on these, the consequences of deficient motivation, all in relation to the sentence No. 182822017-01607, on which it has been possible to interpret and review the arguments presented by the judge to make a decision and substantiate the sentence, so that it can be understood by the parties.