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

Abstract

Abstract: In this study of the Motivation in the Sentences issued by the First Level Judges in Ecuador , the analysis of the motivation of sentence 06282-2016-02137 was used, based on the analytical approach, this technique made it possible to divide the sentence in its essential components to analyze in more depth the strength of the reasons used by the Court. For this purpose, the EL SER method suggested by Atienza was used to examine the sentence issued against the defendant, for the crime of embezzlement, to support this analysis, several relevant doctrinal and legal references were used. In addition, significant jurisprudence was taken into account, such as sentence 1158-17-EP/21 of the Constitutional Court, together with essential norms present in the Constitution of the Republic of Ecuador and the COIP. This analysis showed that the sentence presents a sufficient and correct motivation since it is based on documentary evidence such as reports from the Comptroller's Office and cash audits, witnesses and compliance with internal rules; no serious motivational deficiencies such as incoherence or inconsistency were evidenced in the sentence.