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

Abstract

Abstract: This study focuses on analyzing the reasoning behind judgments issued by first-level judges in Ecuador, with an emphasis on case 09209-2023-06497. The overall objective is to evaluate the importance of judicial reasoning as a guarantee of due process and its relationship with human rights in family law cases, particularly divorce and child custody cases. The research was conducted within the Ecuadorian judicial context, specifically in the area of ​​family courts. The sample consisted of an analysis of the aforementioned judgment and other similar cases. The methods used were documentary analysis and content analysis of the judgments, with critical review techniques and interviews with legal experts. The instruments employed were the review of judicial documents and the application of a guide for evaluating judicial reasoning. In conclusion, it was highlighted that adequate reasoning guarantees transparency, legitimacy, and the protection of the fundamental rights of the parties involved. Improvements are suggested in the training of judges and in the quality control mechanisms regarding judicial motivations.