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

Abstract

Abstract: Judicial processes are susceptible to motivational deficiencies related to the absence, insufficiency, and appearance of motivation, which generates legal uncertainty. In this context, the present research analyzed and evaluated the correct and sufficient motivation in the judgments issued by first-level judges in Ecuador. For this purpose, case No. 10281-2021-01118 was selected through the SATJE system as a case study; the EL SER method was applied, which allows for the exploration, comprehensive reading, and schematization and identification of the argumentative structure of the ruling, in addition to the use of the correct motivation questionnaire to establish the correctness or revision of the judgment. Among the main conclusions, it was determined that the judicial decision focused on subjective aspects such as the defendants' ties to the community or procedural conduct, as opposed to objective elements that determine the seriousness of the crime committed, generating a ruling with a valid formal structure, but without a consistent argumentative development, a motivational deficiency that directly affects the proportionality of the punishment, weakening legal certainty.