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

Abstract

Abstract:This Curricular Integration Project (TIC) presents a critical analysis and reflection regarding issues concerning the reasoning behind judicial decisions issued by courts of first instance in Ecuador. To this end, the study focuses on a criminal judgment regarding the offense of money laundering within case file 17282-2021-XXXXX. The analysis details the handling of evidence specifically the presentation and evaluation of proofs submitted by the Prosecutor's Office and other parties to the proceedings to determine whether the judicial decision meets constitutional and legal standards for sufficient and proper reasoning. Furthermore, the study identifies deficiencies in reasoning such as absence, insufficiency, and merely apparent reasoning that can compromise procedural validity and infringe upon the rights of the parties involved; specific flaws in the reasoning process are also identified. The research incorporates a comparative approach, examining decisions issued at different levels of jurisdiction within the same case, as well as decisions made at various stages of the proceedings. This allows for a comparison of divergent criteria and arguments affecting legal certainty, with the ultimate goal of promoting more careful and rigorous judicial decisions.