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

Abstract

Abstract: The study enabled an analysis and evaluation of the adequacy and correctness of the reasoning in Judgment No. 01571-2021-0XXXX, issued by the Judicial Unit for Violence against Women and the Family in Cuenca, within the realm of constitutional law regarding a corrective *habeas corpus* action. To this end, the arguments were outlined, the reasoning was analyzed, and its sufficiency and correctness were evaluated using questionnaires. Through the application of an analytical methodology, the judgment was broken down, revealing a sufficient normative basis grounded in the Ecuadorian legal system and international law. Furthermore, a factual basis was identified demonstrating a real situation of danger for the incarcerated individual stemming from the prison massacre and separation from their family which jeopardized rights such as life and personal integrity. Based on these considerations, the judge partially granted the *habeas corpus* petition and ordered an immediate transfer, guarantees of non-repetition, the intervention of the Ombudsman's Office, and a referral to the Prosecutor's Office to investigate a possible act of torture.