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

Abstract

Abstract: This research project analyzes the judicial process, Case No. 07317-2024-00367, regarding the paternity challenge brought before the Multicompetent Civil Judicial Unit of El Guabo, in which the biological filiation of the minor D.E. with respect to the plaintiff, Mr. J.O., was declared. The judgment is based on expert DNA evidence, which, according to the national legal framework, constitutes sufficient means to prove the truth regarding biological origin. Furthermore, the scope of the challenge to recognition is studied in accordance with the Civil Code, the General Organic Code of Procedures (COGEP), the Code for Children and Adolescents, and the Constitution of the Republic of Ecuador. The analysis demonstrates the guarantee of the best interests of the child and biological truth as guiding principles of Family Law. The contribution of the curricular integration work lies in demonstrating how the correct application of DNA testing and effective judicial protection ensure the exercise of fundamental rights in the recognition of paternity.