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

Abstract

Abstract: This thesis delves into the analysis of the technical rigor of judicial reasoning in first-level judgments in Ecuador, a cornerstone of the right to due process. The methodology employed was a detailed study of Judgment No. 09208-2023-06577, issued in Family Law, which dealt with the deprivation of parental rights. The main objective was to verify whether first-instance rulings meet the standard of sufficient and correct reasoning. The evaluation demonstrated that the Judge achieved impeccable subsumption by fitting the father's conduct that is, prolonged absence, lack of interest, and serious breach of duties such as failure to provide food with grounds 5 and 6 of Article 113 of the Code for Children and Adolescents. Despite the identification of minor typographical errors or factual ambiguities, the core decision remained robust and coherent, thus fulfilling the proposed hypothesis. It is therefore established that the ruling is a model of compliance with this constitutional guarantee, and the use of the applied questionnaires for an objective audit of jurisdictional quality is recommended.