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

Abstract

Abstract: This graduation thesis analyzes the standard of legal reasoning in first-instance judgments in Ecuador, focusing on the crime of attempted femicide (Case No. 09333-2022-XXXX). The primary objective is to evaluate the sufficiency and argumentative soundness of the judicial decision, ensuring compliance with due process and the right to effective judicial protection. Methodologically, the "EL SER" analytical technique was applied to deconstruct the ruling, alongside evaluation tools based on Constitutional Court jurisprudence (Judgment No. 1158-17-EP/21). The results demonstrate that the ruling is supported by comprehensive factual and legal grounds, free from apparent defects such as incoherence or irrelevance. Furthermore, the judgment is notable for its substantively correct reasoning, as it incorporates a gender perspective and international standards to address and sanction asymmetrical power relations.