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

Abstract

Abstract: This thesis aims to analyze the reasoning provided in judgments issued by trial-level judges in Ecuador, based on a study of case No. 01571-2023-XXXXX, heard before the Specialized Judicial Unit for Violence against Women or Family Members in the city of Cuenca, Azuay province. The research employs an analytical approach, utilizing Atienza s method of judgment decomposition; this allows for an examination of the ruling's argumentative structure and an assessment of whether the reasoning is both sufficient and correct. The results demonstrate that the judgment presents an adequate normative and factual basis, as it applies the relevant constitutional and legal provisions and sets forth the reasons supporting the decision. The analysis reveals that the judge developed an argument sufficient to justify the ruling, making it possible to understand the relationship between the established facts, the applicable legal norms, and the final decision. Although certain argumentative aspects could have been developed more extensively, this does not constitute a violation of the constitutional right to a reasoned decision.