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

Abstract

Abstract: This study examines the justification of the judgment issued in Case No. 17981-2021-00098, which corresponds to a paternity challenge proceeding carried out in the Family, Women, Children and Adolescents Judicial Unit of Quitumbe. The research evaluates whether the judge met the criteria for sufficient and precise argumentation, in accordance with the provisions of the Constitution, the General Organic Code of Procedures, and specialized legal doctrine. To achieve this, a qualitative and documentary methodology was employed, based on the structural analysis of the ruling, the assessment of its legal foundations, and the review of the applicable regulations. The findings demonstrate that the judgment presents adequate justification in relation to the facts, the legal norms, and the reasoning applied, especially regarding the defendant's refusal to submit to DNA testing and the legal presumption derived from said action. The analysis highlights the importance of judicial decisions being clear, coherent, and based on principles such as the best interests of the child and the right to identity. This research contributes to the understanding of judicial argumentation in matters of parentage and strengthens academic preparation in the field of Family Law.