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

Abstract

Abstract: This research addresses judicial motivation in first-level judgments in Ecuador. The general objective is to analyze and evaluate the sufficiency and correctness of the motivation in case No. 17230-2022-05700. This analysis was conducted in the Civil Judicial Unit of the Iñaquito parish, Quito, using as a sample the judgment concerning the early termination of the "IESS-Alcázar de Jipiro II" commercial trust, against its constituents BIESS and FIADMI, requesting the early termination of the contract due to lack of management by the constituents. Qualitative and descriptive analytical methods were employed, applying the "EL SER" technique (Explore, Read, Underline, Outline, and Summarize). The instruments included argument outlines and specialized questionnaires to measure standards of sufficiency and correct motivation. The overall conclusion is that the analyzed ruling complies with the constitutional parameters of reasonableness, logic, and comprehensibility, adequately linking the current regulations (Article 134 of the Securities Market Law) with the proven facts. The investigation highlights that the ruling was subsequently overturned on appeal, revealing discrepancies regarding the scope of the duty to provide reasons.