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

Abstract

Abstract: In the motivation section, we provide an in-depth analysis of a specific court case challenging the voluntary acknowledgment of paternity of a minor. Therefore, we examine the concept of motivation and its meaning within the legal context, starting from the general meaning, which leads to the study of sufficient motivation and correct motivation. Thus, doctrine allows us to discern that the first concept addresses the judicial decision that must be reasoned and understandable, while the second precept considers that in addition to being sufficiently reasoned, the decision must adhere to the law and its pertinent interpretation. Therefore, considering the aforementioned concepts, we address the challenge to the voluntary acknowledgment of a minor from a doctrinal and legal perspective. Likewise, the judgment issued by the trial judge is analytically observed, regarding the arguments of the case, the narrative of the events, the legal problems where the argument begins, the issues on which the solution to the problem depends, and other aspects that allow the judge to make a reasoned decision.