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

Abstract

Abstract: The motivation of judicial resolutions constitutes a basic guaranty of due process, recognized in Art. 76 numeral 7 literal l) of the 2008 Constitution of Ecuador. Which requires judges to clearly and sufficiently present the factual and normative reasons that support their decisions. In this sense, the sufficiency standard developed in Judgment No. 1158-17-EP/21 of the Constitutional Court allows us to verify if a judgment has a minimally complete argumentative structure. The present research analyzes and evaluates the correct and sufficient motivation in the sentences issued by first-level judges in Ecuador. The analytical method was employed, which consists of breaking down the sentence into its fundamental parts to analyze and evaluate the arguments. The results derived from this study show that the judge, thru this ruling, fulfilled the constitutionally required guaranty of motivation.