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

Abstract

Abstract: This paper analyzes the reasoning behind the judgment issued in case No. 01201-2024-00453, concerning divorce due to unjustified abandonment. The objective was to verify whether the decision meets the standards of sufficient and correct reasoning established by constitutional jurisprudence. A qualitative, non-experimental methodology with a descriptive design was applied, using a hermeneutic method and documentary analysis of the judgment, the applicable regulations, and precedent. The results show that the ruling presents a minimal argumentative structure: it establishes relevant facts, cites pertinent regulations (including the grounds for divorce in Article 110, paragraph 9 of the Civil Code), and links the testimonial evidence to the conclusion that the prolonged separation constituted abandonment. However, opportunities for improvement are identified in clarifying the inferential link between each piece of evidence and the elements of the cause of action, as well as in achieving greater precision in distinguishing between separation and abandonment according to the criteria of the National Court. In summary, the reasoning is sufficient and mostly correct, although it can be improved to strengthen clarity and citizen oversight.