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

Abstract

Abstract: This thesis analyzes the motivation behind rulings issued by first-level judges in Ecuador, particularly in cases related to parental authority. The research is based on a study of a ruling in which full parental authority is transferred to the father due to the mother's dereliction of parental duties. Using tools such as the sufficiency standard and the proper motivation questionnaire, the court assesses whether the judicial decision was duly reasoned. The study highlights the importance of judicial motivation as a guarantee of due process, the right to defense, and transparency in the justice system. It also concludes that the ruling analyzed, although not perfect, meets the minimum motivation requirements required by the Constitution and the Children and Adolescents Code. The paper also proposes recommendations to strengthen judicial motivation, protect the best interests of the child, and promote parental co-responsibility as a fundamental principle in decision-making regarding parental authority.