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

Abstract

Abstract: This curricular research project aims to verify whether the first-instance judgment analyzed, 13203-2024-00172, issued by the Family, Childhood, and Adolescence Judicial Unit of Chone, complies with the motivational requirements established by the Constitution of the Republic of Ecuador. The factual and legal foundations, as well as the judge's reasoning, are evaluated to verify their coherence, clarity, and the relationship of the judgment to the case history, its connection to the constitutional principles of due process and the best interests of the child. Furthermore, it is concluded that the applicable norms were correctly applied to the case; that is, the actions were in accordance with the law, thus avoiding motivational flaws that could lead to its annulment. Additionally, it is crucial to demonstrate the parties' voluntariness in reaching a conciliation agreement and the mechanism used for its approval.