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

Abstract

Abstract: This project focuses on analyzing the structure and proper formulation of the reasoning specifically the identification of *ratio decidendi* and *obiter dicta* in first-instance judgments, as these are fundamental elements of legal argumentation. The study centers on the judgment issued in Case No. 07711-2018-00403 by the Flagrancy Judicial Unit of the Pasaje Canton (El Oro Province) on December 10, 2018. In these proceedings, Guadalupe del Rocío Solano Solano was prosecuted for the crime of illicit trafficking of controlled substances; the analysis of this judgment will determine whether the judge properly evaluated the facts and the testimonial, documentary, and expert evidence presented by the parties. It will also examine whether there is a correct relationship between the applicable legal norms and the proven facts. Specifically, the study will verify whether the criminal offense charged aligns with the evidence presented during the proceedings and whether the technical regulations regarding the CONSEP substance classification table were correctly applied in relation to the severity of the offense.