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

Abstract

Abstract: This thesis focuses on the study of motivation in the judgments issued by first-level judges in Ecuador. Its development will be based on the analysis of a divorce judgment by mutual consent with dependent children, issued by a first-level judge of the Family, Women, Children, Adolescents, and Juvenile Offenders Judicial Unit located in the canton of Manta. This work was constructed from a theoretical framework that includes: Introduction, Chapter One: Literature Review, Chapter Two: Methodology, and Chapter Three: Results and Discussion. For this case, a qualitative and analytical methodology was employed, which led to determining whether the ruling issued by the presiding judge had the correct and sufficient argumentation and, therefore, the correct and sufficient motivation to grant the divorce by mutual consent. This was corroborated after the analysis of legal concepts, foundations of fact and of law, the latter.