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

Abstract

Abstract: This project, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, analyzes the argumentative quality of judicial decisions, focusing on compliance with the constitutional guarantee of motivation stipulated in Article 76, paragraph 7, subparagraph l) of the Constitution of the Republic of Ecuador. Through case analysis, it studies how judges justify their decisions, weigh evidence, and apply principles, norms, and laws. Judgment No. 15951-2021-00802, issued by the Family, Women, Children, and Adolescents Judicial Unit of the Tena canton, demonstrates complete and structured motivation that respects due process and effective judicial protection. The judge partially grants the child support claim filed by the mother of a minor child, establishing an amount of USD 667.36 per month plus the corresponding legal benefits. The judge analyzes the legitimacy of the family responsibilities alleged by the defendant, including his wife, evaluating evidence in accordance with the principles of the best interests of the child, consistency, and reasonableness.