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

Abstract

Abstract: This research project studies the Motivation in the judgments issued by first-level judges in Ecuador. It analyzes the minimally complete argumentative structure in accordance with Article 76.7.l) of the Constitution of the Republic of Ecuador and the standard of sufficiency, which must illustrate the motivational flaws identified by the Constitutional Court, referencing in its jurisprudence Judgment No. 1158-17-EP/21. Judgment No. 15951-2022-00806, issued by the Judicial Unit for Family, Women, Children and Adolescents of the Tena canton, in a child support case brought by Ms. [Name], is analyzed. The decision was based on the constitutional principles of due process established in Articles 75, 76, and 168, paragraph 6, the Organic Code for Children and Adolescents, and compliance with the international legal framework that protects the best interests of the child. A doctrinal analysis was also conducted regarding the parameters and legal nature of child support, taking into consideration that it is inalienable, non-transferable, and a matter of public order.