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

Abstract

Abstract: This research aimed to analyze the reasoning behind the judgment in case No. 12203-2020-XXXXX a fault-based divorce case issued by the Judicial Unit for Family, Women, Children, and Adolescents in Ecuador. To this end, an analytical method was employed, allowing the judgment to be broken down into its essential elements, such as the facts, the legal issue, the applicable norms, and the judicial decision. Furthermore, the study involved mapping the judgment's argumentative structure and applying two assessment instruments: a questionnaire regarding the standard of sufficiency of reasoning and a questionnaire regarding the correctness of reasoning. These instruments were used to examine potential deficiencies in reasoning such as absence, insufficiency, or merely apparent reasoning as well as the quality of the legal and factual grounds. The results demonstrated that the judgment exhibited adequate judicial reasoning, as it met the criteria of clarity, coherence, and congruence. Moreover, no flaws in reasoning were identified, and a sound relationship between the proven facts was confirmed.