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

Abstract

Abstract: This research analyzes the motivation and argumentation of the judgment in case No. 14201-2020-00478, issued on December 1, 2020, by the Family, Women, Children, and Adolescents Judicial Unit of the Morona canton, which resolves the modification of the custody of the minor in favor of her father. The objective is to evaluate the sufficiency and correctness of the judicial motivation, employing theories of legal argumentation and using as a normative basis Articles 118 and 119 of the Code for Children and Adolescents and Article 44 of the Constitution of the Republic of Ecuador. Through a qualitative analysis, the facts, evidence, and legal grounds of the judgment are examined, with emphasis on the application of the principle of the best interests of the child. Preliminary results indicate that the ruling meets the standards of sufficient justification by detailing facts, evidence, and legal norms, although the unverified allegation regarding the mother's alcohol consumption could affect its correctness. This study contributes to the analysis of judicial argumentation in custody cases, strengthening judicial practice in the field of law.