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

Abstract

Abstract: This study analyzes the judicial reasoning regarding the recognition of a disguised employment relationship and abrupt dismissal in domestic work, based on the ruling in Case No. 10333-2023-03317, issued by a trial-level judge in Ecuador. The research employs the analytical method and the "EL SER" technique involving the exploration, reading, highlighting, outlining, and summarizing of the judgment supported by questionnaires assessing the sufficiency and correctness of the reasoning. The study identifies the ruling's argumentative structure and the relationship between established facts, applicable legal norms, and the decision, as well as the assessment of testimonial and documentary evidence. The results demonstrate that the judgment meets the standard for sufficient reasoning, as it exhibits neither a total lack of reasoning nor insufficiency or merely apparent reasoning. Furthermore, the reasoning is found to be correct, as the judge selects relevant legal norms, interprets them reasonably, and applies them to the established facts. The study highlights the importance of protecting labor rights within the context of informal domestic work.