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

Abstract

Abstract: This study analyzed the reasoning behind judgments issued by first-level judges in Ecuador, specifically in cases of tax evasion. It is based on the constitutional principle contained in Article 76, paragraph 7, section l of the Constitution of the Republic of Ecuador, which requires that all judicial decisions be duly reasoned. The study was complemented by an analysis of case No. 13284-2017-00209, also for tax evasion, in which the Criminal Guarantees Court of Manta, by majority vote, upheld the defendants' acquittal, while a dissenting judge declared them guilty based on the principle of iura novit curia (the court knows the law). The methodology employed in this research is the analysis of the reasoning behind judgments, which stems from the analytical method that involves breaking down the judgment into its fundamental parts to analyze and evaluate the arguments. The results demonstrated that judicial reasoning is a fundamental element of legitimacy, rationality, and procedural transparency. Finally, it is concluded that the correct and sufficient motivation is what constitutes that no constitutional guarantee was violated.