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

Abstract

Abstract: This legal work analyzes the judgment issued within trial No. 15951-2023-00276 by the Judicial Unit for Family, Women, Children and Adolescents of the Tena canton, which resolved the dissolution of the marital bond between the spouses J.R. and L.R. The analysis highlights the application of article 110, paragraph 3, of the Civil Code, upon verifying a habitual state of disharmony between the marital wills. Through the study of the evidence, a persistent breakdown of marital coexistence was evidenced, characterized by accusations of infidelity, scenes of jealousy, psychological affectation, and forced cohabitation under the same roof without an emotional bond. The contribution of this work focuses on highlighting the proper exercise of judicial motivation, taking into account the principle of sound judgment and due process guarantees, thus consolidating the judge's role as guarantor of restorative and effective justice. This research contributes to the critical analysis of the grounds for divorce due to lack of harmony, framed within human rights and the eradication of domestic violence.