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

Abstract

Abstract: Judicial motivation constitutes an exposition of factual and legal reasoning that allows verifying whether a judge has adequately assessed the evidence, primarily the victim's testimony. The main objective of this research was to analyze how Ecuadorian judges either recognize or ignore power dynamics and the cycle of violence in cases of domestic or gender-based violence when applying the Organic Comprehensive Criminal Code (COIP). A qualitative methodology was employed, which included documentary review, analysis of court rulings, and comparison of criminal and contravention offenses. The results show that Ecuadorian judges mostly achieve firm motivation that incorporates the recognition of asymmetrical power dynamics between victim and aggressor. It is concluded that judicial motivation integrating the cycle of violence and power dynamics strengthens the credibility of the victim's testimony and ensures criminal and contravention decisions with a gender and human rights approach, thereby contributing to more effective justice in Ecuador.