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

Abstract

Abstract: This paper analyzes the importance of sufficient, transparent, and valid motivation in judicial rulings issued by first-level judges in Ecuador, focusing primarily on the Family, Women, Children, and Adolescents area. This area encompasses individuals requiring priority attention in our country, who are therefore protected by specific and more weighty legal norms when applying Ecuadorian law. Through in-depth analysis, the argumentative content of a ruling was studied, and the SER method proposed by Arienza (2013) was applied. This allowed for the breakdown of the judge's decision into all its essential elements to evaluate the justification and argumentation of the ruling. This study demonstrates that deficient motivation leads to the violation of constitutional rights such as effective judicial protection, legal certainty and trust, affecting society's credibility when it comes to the administration of justice. It concludes by emphasizing that strengthening judicial motivation is vital to guaranteeing transparency, due process, and the effective protection of the rights of priority groups.