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

Abstract

Abstract: This research, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, aims to analyze and evaluate the correct and sufficient motivation in judgments issued by first-level judges in Ecuador. Judgment No. 11331202300527 in civil matters, issued by the Multicompetent Civil Judge based in the Canton of Catamayo, Province of Loja, was analyzed. The results showed that this judgment does not lack efficient motivation because it has solid foundations (factual, legal, and evidentiary arguments) and meets the criteria of reasonableness, logic, and comprehensibility. Furthermore, there is coherence between the premises and conclusions, which facilitates the understanding of the rulings by all litigants, including the general public. It was concluded that the motivation model proposed by Atienza is complex for judges to refine due to its argumentative structure, therefore it is recommended that judges verify their judgments using the checklist to identify the existence of motivational deficiencies and motivational flaws based on the analysis of Judgment 1158-17-EP/2.