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

Abstract

Abstract: This thesis addresses judicial reasoning as a fundamental guarantee of due process in Ecuador, analyzing its application in first-level courts. The research focuses on the case study of Judgment No. 01204-2024-05150, issued by the Family Court of Cuenca, concerning the inventory of marital property. A practical qualitative approach was applied, using sufficiency and correctness questionnaires to measure the actual argumentative quality of the decision. The results revealed that, although the judgment meets the minimum requirements of normative sufficiency to avoid being nullified, it suffers from serious flaws in its legal correctness. Significant errors were detected in the evaluation of evidence, as well as procedural inconsistencies in ignoring the change in procedure, resulting in an avoidance of the substance of the controversy. We are faced with a formally valid but substantively incorrect ruling, violating the right to effective judicial protection. This study highlights the urgency of distinguishing between a merely "valid" sentence and a truly just one. Keywords: motivation, inventory.