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

Abstract

Abstract: This paper analyzes, from a legal and argumentative perspective, Judgment No. 17294201901239, issued by the Quito Criminal Judicial Unit, concerning a precautionary measure action filed by the mother of a deceased minor, due to the impossibility of burial because of administrative contradictions between medical and registry documents. The study critically examines the judicial reasoning employed, identifying that the judge based her decision on constitutional norms, legal provisions, and international human rights instruments, in order to guarantee effective judicial protection and the protection of the rights to a dignified life, personal integrity, and family privacy. The research was conducted using a qualitative approach, supported by documentary and jurisprudential analysis, which helped to demonstrate that the judgment constitutes an example of sound reasoning, presenting logical coherence between the evidentiary facts, the applied norms, and the final decision. It is concluded that there are no relevant motivational deficiencies and that judicial intervention was necessary and appropriate in the face of state omission, ordering the immediate burial of the minor to cease the violation of rights.