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

Abstract

Abstract: This thesis provides a critical analysis of the issues arising from the lack of adequate reasoning in judicial decisions issued by courts of first instance in Ecuador. Specifically, it examines judgment No. 03204-2024-xxxxx, which concerns a negligent traffic offense resulting in permanent disability for the victim caused by negligence, lack of skill, abandonment, and a breach of the objective duty of care required when driving. These actions are penalized under Article 379 and Article 152 (Section 5) of the Comprehensive Organic Criminal Code. The analysis confirms that the ruling issued by the judge meets the standards for sufficient reasoning; no flaws in reasoning such as irrelevance, inconsistency, incomprehensibility, or incoherence were found. This demonstrates that the judge s decision rests on a solid factual and legal foundation to establish liability, as the defendant's unlawful conduct constituted a negligent traffic offense. Consequently, the court imposed a 45-month prison sentence, a fine, the loss of citizenship rights, a requirement for full reparation to the victim, and a lifetime pension equivalent to the Unified Basic Wage for general workers.