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

Abstract

Abstract: This paper analyzes the judicial reasoning in the judgment issued in the possessory protection proceeding No. 23331-2020-00458, processed before the Civil Judicial Unit of the canton of Santo Domingo, brought by José Luis Anchundia Chila and Betty Margarita Moreira Alcívar against the Decentralized Autonomous Municipal Government of Santo Domingo. The plaintiffs alleged having maintained peaceful and continuous possession of a plot of land located in the Los Rosales urbanization and denounced acts of disturbance carried out by municipal officials. After a detailed analysis of the documentary, testimonial, and expert evidence, the judge concluded that the disputed land forms part of a communal green area under public domain, which is why the possessory protection action could not succeed. The decision was based on Articles 715, 960, and 962 of the Civil Code, as well as Articles 264, paragraph 2, of the Constitution and 55 and 414 of the COOTAD (Organic Code of Territorial Planning, Land Use and Management), which regulate municipal powers regarding land use and the administration of public property. The study shows that the ruling presents a sufficient, coherent, and reasoned factual and legal basis, complying with the constitutional standards of due process, legal certainty, and effective judicial protection. In conclusion, the ruling constitutes an example of a properly reasoned decision that reflects the appropriate application of the law and the guarantee function of the Ecuadorian justice system.