Motivation: The climax of the sentence. A study in Cañar province, Cañar canton, Ecuador

Abstract

This work was carried out based on the judgments of First Instance executed in 2019, on criminal offenses in the Cañar Canton of the Cañar Province in Ecuador. Being the sentence the crucial point of the criminal process, the purpose was established to verify to what extent they suffered from the vice of lack of motivation, a flaw that violates the constitutional right of citizens to obtain a reasoned decision and, therefore, the right of access to effective judicial protection, due process, legal certainty and the right to defense. Previously, aspects associated with motivation were addressed from a historical, conceptual, dogmatic, constitutional and jurisprudential perspective. Using a scientific approach and rigorously observing the statistical methodology, we take as a base, the universe of 45 criminal sentences to analyze them and thus arrive at the verification of certain questions associated with the referred rights. It then arrives at important conclusions and recommendations aimed at promoting a deep reflection, which will optimize the technical exercise of motivation in the criminal jurisdiction of Ecuador.