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

Abstract

Abstract: This study focuses on a critical analysis of the reasoning behind the judgment issued in case file number 17204-2023-01251, a divorce by mutual consent involving dependent children. The research is justified to verify the sufficiency and legality of the judicial reasoning, particularly regarding specific aspects that directly affect the best interests of the child, such as the determination of child support, visitation rights, and the exercise of parental authority. Through a qualitative, dogmatic-legal approach and a case study, the factual and legal arguments presented by the jurisdictional body were examined. The findings indicated that, although the judgment formally complied with the procedural requirements of congruity, it presented insufficient reasoning due to the use of generic formulas and the failure to develop a detailed analysis of the impact of the points of agreement reached by the couple on the best interests of the dependents, which may negatively affect the right to judicial protection. It was thus concluded that it is necessary for the jurisdictional bodies to strengthen the quality of their argumentation, ensuring that the decision is not merely a ratification, but rather an effective protection of the minor.