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

Abstract

Abstract: This research focuses on the analysis of a ruling issued by the Family, Women, Children, and Adolescents Judicial Unit in the northern part of Guayaquil regarding a divorce based on fault. Therefore, one of the main objectives is to analyze whether the ruling complies with Ecuadorian legal parameters and the doctrinal model established by Manuel Atienza. This analysis will allow us to assess not only how judges justify their decisions, but also the importance of creating a strong legal argument to guarantee due process. The context of the ICT curricular integration work allows us to apply all methodological tools with the sole purpose of breaking down the ruling, which requires the narrative of the facts, the evidentiary assessment, the legal issue raised, and the ratio decidendi, which essentially means having coherence in the judicial reasoning. This ruling meets all the necessary parameters. required for the relevant and in-depth analysis.