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

Abstract

Abstract: This paper analyzes the judgment in Case No. 18202-2021-02396, processed in the Family, Women, Children, and Adolescents Judicial Unit located in the canton of Ambato, related to a divorce proceeding based on grounds of fault. The analysis focuses on identifying the ratio decidendi and obiter dicta of the judgment, examining the correct application of current regulations, the protection of the parties' rights, and the best interests of the minor daughter involved. It also examines the filing of an appeal before the Provincial Court of Justice, contrasting the arguments of the trial judge with the decision of the higher court. The methodology employed combines documentary analysis and a legal review of the applicable legislation and doctrine. The results demonstrate the importance of adequately substantiating judicial decisions, guaranteeing justice, equity, and comprehensive protection of children. This study contributes to the academic and professional development in the field of family law, offering tools for understanding and applying judicial criteria in similar cases.