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

Abstract

Abstract: The research titled Motivation in judgments issued by trial-level judges in Ecuador analyzes the sufficiency and correctness of judicial reasoning in family law proceedings, specifically in cases of divorce due to unjustified abandonment. The study's general objective was to evaluate and determine whether the selected judgments contained correct and sufficient reasoning in accordance with constitutional and doctrinal standards. The research was conducted in the Girón Canton, Azuay Province, examining judgments issued by the Judicial Unit for Family, Women, Children, and Adolescents. The sample consisted of a single trial-level judgment, which was analyzed exhaustively. An analytical method was applied breaking the judgment down into its fundamental parts alongside techniques such as reading comprehension, highlighting, outlining (the EL SER method), and summarizing judicial arguments. The instruments used included questionnaires assessing the sufficiency and correctness of the reasoning, argument analysis tables, and a graphic representation of the argumentation. The general conclusion was that the evaluated judgment presents correct and sufficient reasoning, with adequate legal and factual grounds, is consistent with the best interests of the minors, and respects due process.