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

Abstract

Abstract: The study regarding the link between criminal law and the SDGs was conducted by accessing information related to the protection of fundamental rights, such as access to justice. It also drew upon international conventions and legislation. The research aims to determine how judicial decisions have sought to strengthen the criminal justice system in Ecuador and contribute to SDG 16. To this end, the study analyzes Judgment No. 053-15-SEP-CC (Case No. 1127-12-EP), issued by the Constitutional Court of Ecuador on March 4, 2015. This ruling resolves an extraordinary action for constitutional protection filed by the parents of a minor who was a victim of sexual abuse; the action concerned the failure to provide notification for the cassation hearing a matter involving the right to effective judicial protection which resulted in a violation of due process. The Constitutional Court ruled that these rights had been violated and ordered that the hearing be held with all requisite procedural safeguards. This study identifies criminal law practices aimed at achieving justice and, consequently, providing reparation to victims, thereby highlighting the connection to SDG 16: the creation of a fairer, more equitable, agile, and efficient system of justice administration.