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

Abstract

Abstract: This paper analyzes court ruling No. 23201201703154, regarding the petition for the termination of parental rights and the declaration of eligibility for adoption of a minor in a de facto orphaned situation, pursuant to Article 158, paragraph 1 of the Organic Code for Children and Adolescents. The EL SER method is applied to represent and explain the normative and factual arguments of the judicial decision, identifying the ratio decidendi and obiter dicta, as will be explained below. The judge's reasoning is examined, based on sound legal judgment and evaluation of facts and norms, drawing on the doctrine of comprehensive protection and the principle of the best interests of the child, as established in the Constitution. The ruling denies the termination of parental rights but declares the child eligible for adoption due to the impossibility of identifying the parents. Concluding that the decision complies with legal and doctrinal principles, ensuring the protection of the girl's rights and promoting her overall well-being. This analysis contributes to a critical understanding of the judicial process concerning children and adolescents in Ecuador.