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

Abstract

Abstract:This study analyzes the adequacy and quality of the judicial reasoning found in judgments issued by trial judges within the Ecuadorian legal system. The specific subject of the study is a judgment issued in a criminal proceeding concerning the crime of extortion by a public official (*concusión*). The research aims to determine whether the judicial decision meets constitutional and statutory standards for proper reasoning, while upholding due process guarantees, the right to a defense, and the right to effective judicial protection, in accordance with the Constitution of the Republic of Ecuador and applicable procedural laws. By applying the "EL SER" methodology and utilizing technical-legal assessment tools, the study conducts a structural analysis of the judgment's factual, evidentiary, and legal grounds. This analysis seeks to identify potential flaws in reasoning such as a lack of reasoning, insufficient reasoning, or merely apparent reasoning based on parameters established by constitutional case law.