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

Abstract

Abstract: This thesis examines the reasoning provided in judgments issued by courts of first instance in Ecuador. The study focuses on the ruling issued by the Court of First Instance of Bagua (Decree No. 01-2025-00206) regarding a divorce based on unjustified abandonment a case involving family law and the rights of women, children, and adolescents. The research aims to evaluate the adequacy of the reasoning assessing whether the grounds provided were both necessary and sufficient in light of due process, effective judicial protection, the right to a defense, and legal certainty. To this end, a qualitative, documentary, and analytical approach was employed using the "EL SER" method, which facilitated the exploration, reading, outlining, and summarizing of the judgment. Additionally, questionnaires were administered to identify potential characteristics of a lack of reasoning, such as nonexistent, insufficient, or merely apparent (and deficient) reasoning. The study concluded that the judgment contains comprehensible reasoning, establishes a clear link between the facts, evidence, and relevant legal norms, and allows for an understanding of the legal grounds upon which the decision was based.