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

Abstract

Abstract:This paper examines the quality of judicial reasoning in the consensual divorce proceeding No. 06101-2019-02444, with the purpose of determining whether the judgment issued by the first-level authority satisfies the constitutional and legal parameters required for transparent and reasoned decisions. Through a hermeneutical and methodological analysis of the case file, the research reconstructs the argumentative structure of the ruling, evaluates the relevance and depth of the factual and legal grounds, and compares the decision with national and international standards on child protection. The study identifies deficiencies in the substantive assessment, particularly regarding child support and visitation rights, and considers this insufficiency a remediable flaw that affects the quality of judicial protection without rendering the decision null and void. Finally, procedural and institutional pathways are proposed to strengthen ex officio review and judicial training, seeking a balance between speed and the effective guarantee of rights, contributing to more legitimate and protective judgments that uphold the best interests of the child. It also offers practical tools for institutional monitoring and continuous improvement in public policies.