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

Abstract

Abstract: This research concerns the study of the reasoning behind a first-instance judgment from the Family, Women, Children, and Adolescents Judicial Unit, located in Riobamba; case No. 06101-2023-02383, a divorce proceeding based on grounds. A theoretical framework on reasoning is first provided, specifically addressing sufficient, correct, and doctrinal development of the judgment. This contributes to understanding and differentiating these concepts in order to recognize them in a judgment. The techniques used to study the judgment include creating diagrams that aid in visualizing its logical structure, following the method of author Manuel Atienza. This helps identify the legal and factual arguments in order to subsequently examine whether the reasoning is correct and sufficient. The current work encourages impartiality, transparency, coherence, and consistency in judicial or administrative reasoning, strengthening rights such as due process and the right to defense. Therefore, the evaluation of the standard of sufficiency of the reasoning is taken into account.