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

Abstract

Abstract: The purpose of this academic work is to exhaustively analyze the legal motivation contained in the judgment issued in judicial process No. 01204-2022-00564, processed before the Family, Women, Children and Adolescents Judicial Unit of the Cuenca canton. The object of said process was the deprivation of parental rights of the mother, based on prolonged and unjustified abandonment of her minor child. A qualitative methodology of a dogmatic legal type has been used for the development of this analysis, which focuses on an immersion in doctrinal, jurisprudential and normative sources. As well as in the elaboration of the structural analysis of judgments from the Universidad Técnica Particular de Loja (UTPL) and the argumentative model of the jurist Manuel Atienza. The overall objective of this work was to determine whether the judicial reasoning of the analyzed sentence conforms to the principles of sufficiency, consistency, and justification required by the Ecuadorian legal system. It is concluded that the sentence complies with constitutional and legal standards, protects the best interests of the adolescent involved, and constitutes a useful precedent for strengthening legal practice in matters of children's and adolescents' rights.