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

Abstract

Abstract: This thesis, entitled Motivation in Judgments Issued by First-Level Judges in Ecuador, analyzes the quality of motivation in this type of judgment. In this particular case, Family Law was chosen, specifically regarding a custody judgment for a minor. This study is based on the premise that judicial motivation constitutes an essential constitutional and procedural guarantee, linked to the right to due process and effective judicial protection. During its development, methodological tools such as the Atienza framework and pre-structured questionnaires were applied, allowing for the evaluation of the argumentative quality of the judicial decision. The results confirm that the analyzed judgment meets the parameters of sufficient and correct motivation, avoiding serious flaws. Despite this, a terminological error was identified in the operative part, which was corrected through a horizontal appeal, demonstrating the importance of conceptual precision in jurisdictional practice. The research concludes that adequate motivation strengthens institutional legitimacy, legal certainty, and public trust in the justice system.