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

Abstract

Abstract: This research analyzes the motivation behind the judgments issued by first-level judges in Ecuador, based on the study of a divorce case due to the breakdown of marital cohabitation. Judicial motivation is fundamental to guaranteeing due process, transparency in the administration of justice, and the right to defense for all parties involved. In this context, two key aspects are explored: sufficient motivation and correct motivation. The judgment analyzed meets both criteria, as it provides a clear and reasoned justification, grounded in the disappearance of marital affection, which allowed for the dissolution of the marriage without the need to prove specific faults on the part of the spouses. Furthermore, the importance of judges justifying their decisions in a coherent, clear, and understandable manner for the parties involved is highlighted, so that they can exercise their right to appeal the judgment if they deem it necessary. This study also underscores the need for a human-centered approach to judicial decisions, especially in family law.