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

Abstract

Abstract: This paper aims to analyze the judgments issued by first-level judges in Ecuador, specifically the parental rights termination resolution No. 01204-2021-01045, issued by the Family, Women, Children and Adolescents Judicial Unit of Cuenca. Such decisions are central to guaranteeing legal certainty, strengthening the rights of the parties, and consolidating the principle of due process, thus increasing the legitimacy of the administration of justice. The study, with a qualitative legal approach, is documentary and comparative in nature, based on the analysis of the procedure and the current regulatory framework, as well as applicable doctrine. The results show that the judgment meets a sufficient standard of justification, although aspects susceptible to improvement are identified to achieve an optimal level of judicial justification, which would further strengthen legal certainty in this type of proceeding. This research lies in the fact that it offers a useful guide for strengthening the legal reasoning of both judges and the parties involved, promoting clear, well-founded and coherent decisions, and contributing to effective access to justice.