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

Abstract

Abstract: This study aims to examine the legal reasoning in judgments issued by trial-level judges in Ecuador, using Judgment No. 23303-2020-XXXXX as a reference. Employing an analytical methodology, the study reviews the arguments used by the judge to resolve a case involving Article 282 of the Comprehensive Organic Criminal Code (COIP), which penalizes non-compliance with lawful orders issued by competent authorities. The analysis seeks to determine whether the legal reasoning presented meets the standards for judicial reasoning required by the Constitution and the law. The results show that, although the judge provides an argumentative basis to justify the decision, there are shortcomings and inconsistencies that limit the clarity and soundness of the judicial reasoning. Consequently, the research concludes that while the judgment s reasoning exists in a formal sense, it is not adequately substantiated.