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

Abstract

Abstract: This curricular integration project examines the quality of judicial reasoning in the judgments issued by first-level judges in Ecuador, specifically within the divorce proceedings No. 11203-2021-03042, based on the grounds of voluntary and unjustified abandonment of the marital home, as established in numeral 9 of Article 110 of the Civil Code. This study is based on the constitutional principle of due process as a guarantee of due process, aimed at ensuring well-founded, impartial, and respectful decisions regarding the rights of the parties. To this end, systematic legal methods, exegetical methods, and methods of analysis and synthesis were applied, along with the techniques of theoretical and documentary compilation and documentary observation of the judgment issued by the Judicial Unit for Family, Women, Children, and Adolescents, located in the Canton of Loja. The research focuses on evaluating whether judicial decisions comply with the principle of sufficient motivation, as a guarantee of due process, as established by the Constitution of the Republic of Ecuador and the standards of the Inter-American human rights system.