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

Abstract

Abstract: This curricular integration project, developed for the Law program at the Universidad Técnica Particular de Loja, focuses on the analysis and evaluation of the correct and sufficient motivation in judgments issued by first-level judges in Ecuador. The methodology employed was based on the analysis of judgment motivation, derived from the analytical method, which involves the decomposition and evaluation of judicial arguments. For the study, Judgment No. 18202-2021-02806 was used, a contentious divorce case based on the grounds of habitual lack of harmony, characterized by domestic violence. The results obtained through the application of the sufficiency and correct motivation standard questionnaires demonstrate that the analyzed judgment fully complies with the motivation standard, exhibiting a complete and coherent normative and factual foundation. The main contribution of this research lies in the evidence that high-quality judicial reasoning at the first instance guarantees legal certainty and avoids unnecessary litigation, by demonstrating the technical soundness of the ruling and its adherence to the law.