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

Abstract

Abstract: This thesis aims to analyze, from a critical and argumentative perspective, the legal reasoning contained in the judgment issued in case No. 11337-2021-00051, processed in the Multicompetent Judicial Unit located in the canton of Chaguarpamba, province of Loja, in the area of ​​Family, Women, Children and Adolescents, corresponding to a divorce proceeding based on irreconcilable differences. Through an exhaustive review of doctrinal, regulatory, and jurisprudential sources, both national and international, it evaluates whether the judicial reasoning complies with the standards required by the Ecuadorian legal system, especially with the principles of sufficient, coherent, clear, logical, and reasoned justification. It is evident that the adequate justification of judicial decisions constitutes an essential pillar of due process, guaranteeing effective judicial protection and strengthening the legitimacy of the judicial system. The research concludes that a judgment lacking justification directly affects the rights of the parties and violates fundamental constitutional principles. Therefore, it reaffirms the importance of demanding duly justified decisions, especially in matters as sensitive as family law, in order to strengthen legal certainty and confidence in the administration of justice.