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

Abstract

Abstract: This paper analyzes the judicial reasoning in the judgment issued in a contested divorce case, in which the plaintiff requested the termination of the marriage due to abandonment by the spouse. The research shows that the judge based her decision on the facts proven by marriage certificates, birth certificates of the children, and witness testimonies, correctly applying Article 110, paragraph 9, and Article 105, paragraph 4, of the Civil Code. It is highlighted that the normative and factual basis of the judgment is sufficient, clear, and coherent, ensuring transparency, legal certainty, and respect for due process. Furthermore, the importance of judicial reasoning is analyzed as a tool that legitimizes the decision, allows the parties to understand the reasons for the ruling, and strengthens confidence in the justice system. The research concludes that well-reasoned judgments, such as the one analyzed, guarantee the proper exercise of the right, prevent arbitrariness, and promote effective judicial protection.