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

Abstract

Abstract: This thesis analyzes the reasoning behind judgments issued by trial-level judges in Ecuador, focusing on compliance with constitutional standards of sufficiency and correctness to prevent judicial arbitrariness. The primary objective is to assess whether these rulings guarantee due process through adequate logical and legal reasoning. The study was conducted within the Cuenca judicial system, using as a sample a judgment from the Civil Judicial Unit regarding an executive proceeding for credit card debt. A qualitative approach and the analytic-synthetic method were employed, utilizing document review and content analysis supported by sufficiency-standard questionnaires and argumentation matrices as research techniques. The general conclusion reveals that, although the judgment meets formal requirements, it suffers from flaws regarding its appearance and factual insufficiency specifically due to a disconnect between the amounts claimed and those ordered to be paid, lacking a clear arithmetic explanation. Consequently, it was determined...