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

Abstract

Abstract: This research examines the reasoning behind Judgment No. 08332-2020-00101 issued in an ordinary civil proceeding for the recovery of real property to determine whether the reasoning provided meets the standards required by the Ecuadorian Constitution. To facilitate this assessment, the "EL SER" method was applied; this approach enabled a structured analysis of the judicial reasoning based on the legal issue, normative and factual questions, the argumentation, and the decision itself. The findings demonstrate that the judgment meets the criterion of sufficient reasoning, as the arguments align with the normative and factual grounds, and there is coherence between the established facts and the applicable legal norms. No deficiencies regarding the absence, insufficiency, or merely apparent nature of the reasoning were found, leading to the conclusion that the decision is valid. This study offers a systematized analysis of judicial reasoning in civil matters, thereby contributing to the strengthening of due process and the quality of judicial decisions.