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 sufficient and correct motivation of Judgment No. 18334-2019-02976, concerning moral damages, issued by a first-level judge in Ecuador. The study was delimited to the analysis of a specific first-instance judgment, with the aim of verifying its compliance with the constitutional and jurisprudential standards of motivation established by the Constitutional Court. Using a qualitative methodology and instruments such as the Sufficiency Standard Questionnaire and the Correct Motivation Questionnaire, it was identified that the ruling presents motivational insufficiency and apparent flaws such as incoherence and incongruity. For these reasons, it was determined that it does not comply with constitutional and jurisprudential parameters and that it violates the right to due process and effective judicial protection. It is concluded that the ruling should be annulled and corrected in the second instance and that the study highlights the need to strengthen argumentative quality in the judicial function to ensure a guarantee of transparent and legitimate justice.