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

Abstract

Abstract: The purpose of this research was to analyze the judicial motivation of Judgment No. 06101-2021-01247, issued by the Family, Women, Children and Adolescents Judicial Unit of Riobamba, within a paternity and child support determination process. This study was developed to determine whether the judicial decision meets the standard of sufficiency and correctness of the motivation, in accordance with Article 76, paragraph 7, subparagraph l) of the Constitution of the Republic of Ecuador. The methodology employed in this project has a qualitative approach, based on the application of questionnaires on the standard of sufficiency and correct motivation, which allowed for the identification of the levels of coherence, reasonableness, and relevance in the judge's argumentation. Therefore, regarding the results, it should be emphasized that they demonstrated that the judgment has an existing, but insufficient, justification, since it contains appropriate legal citations, but without an interpretive development of the facts. Therefore, the discussion determined that the judgment should not be annulled, but rather corrected through an appeal, which allows for its review by a second-instance judge in order to remedy the identified argumentative deficiencies.