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

Abstract

Abstract: This research analyzes the motivation behind the judgments issued by first-level judges in Ecuador, based on the study of case No. 09209-2019-04231 processed in the Family, Women, Children, and Adolescents Judicial Unit of the Guayaquil canton. Its general objective was to evaluate the sufficiency and correctness of the judicial motivation in accordance with the Constitution and the General Organic Code of Procedures (COGEP, 2015). The sample consisted of the complete judgment of the case, which was examined using a qualitative, legal-dogmatic, and descriptive approach, applying the techniques of documentary and content analysis (Ávila Santamaría, 2017; Atienza, 2013). Among the results, it was evident that the judge based her decision on the evaluation of the expert evidence, the will of the parties, and respect for due process, meeting the standards of sufficient and correct reasoning. It is concluded that judicial reasoning constitutes an essential element to guarantee transparency, legality, and effective judicial protection in the Ecuadorian justice system.