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 correct and sufficient motivation in the judgments issued by first-level judges in Ecuador. To this end, a schematic representation of the argumentation of a judgment was created, in which an in-depth analysis of its motivation was carried out, with the aim of evaluating the sufficiency of the motivation in the judgment through the sufficiency standard questionnaire. The analyzed judgment demonstrated that it contained a complete, coherent, and sufficient motivation, taking into consideration that it had been issued based on the facts and the law presented within the process, thus guaranteeing the right to a reasoned decision. The methodology was based on the analytical method, which allowed for an in-depth analysis of the motivation of the judgment. The research concluded by highlighting the importance of correct motivation in all decisions issued by justice operators in Ecuador, especially when dealing with subjects of priority attention.