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

Abstract

Abstract: This degree project is a study on the motivation behind the decisions made by first-instance judges in Ecuador, based on a case analysis concerning the division of legal matters in a divorce proceeding submitted to the Civil and Multicompetent Judicial Unit of the Huaquillas cantón. The purpose of the study is to explore whether the courts conclusions are consistent with the Constitution of the Republic of Ecuador, the General Organic Code of Processes (COGEP), and the legal doctrine of judicial reasoning. Judicial motivation, in addition to being a constitutional requirement, constitutes the foundation upon which due process and transparency in the administration of justice are based. The methodology employed is qualitative, using documentary review and legal content analysis. The findings of the study indicate that the analyzed judgment meets the motivation criteria established within the legal framework, as it accurately articulates the factual and legal grounds on which the judicial decision is based. It can be concluded that the judicial authority applied the principles of legality, impartiality, and effective judicial protection, at least in the case analyzed.