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

Abstract

Abstract: This research project, entitled "Motivation in Judgments Issued by First-Level Judges in Ecuador," aims to analyze the motivation in judgments issued by first-instance judges in the country to determine if they are sufficiently motivated to guarantee due process and the right to defense for the parties. This study evaluates the arguments in the first-level judgment selected by the student, whose topic is "Challenge to Paternity," through the schematization and application of the standard sufficiency questionnaire and the correct motivation questionnaire. The methodology to be applied will be the analytical method, which begins with the breakdown or decomposition of the judgment. This analytical framework identifies the normative and factual motivations used by the judge when issuing their ruling. This motivation is then subjected to a thorough review through the questionnaires mentioned in the preceding paragraph, and finally, it is determined whether the ruling under analysis has sufficient and correct motivation.