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

Abstract

Abstract: This Curriculum Integration Project analyzes the reasoning contained in the judgment issued by the Family, Women, Children and Adolescents Judicial Unit of the Ibarra canton, within the contentious divorce proceedings No. 10203-2021-00729. The study is developed using the Puzzle Project methodological model, which allows for an orderly examination of the factual, normative, and argumentative issues present in the judicial decision. The analysis shows that the judge structures the reasoning based on the grounds stipulated in Article 110, paragraph 9 of the Civil Code unjustified abandonment for more than six months incorporating elements such as the defendant's partial admission of the claim, the establishment of child support, the regulation of shared parental authority, and the approval of conciliation agreements. The work identifies the ratio decidendi, distinguishes the accessory elements or obiter dictum, and verifies the correspondence between proven facts, applicable norms, and the decision. Finally, it evaluates the degree of compliance with the constitutional guarantee of reasoned decision-making and its relationship with due process and the right to a defense.