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

Abstract

Abstract: This research analyzes the judgment issued in case No. 04951-2023-XXXXX regarding the deprivation of parental authority, aiming to examine its argumentative structure and verify the correct application of current regulations concerning children and adolescents. The study identifies the *ratio decidendi* and *obiter dicta*, evaluating the legal reasoning employed by the judge regarding the plea of ​​*res judicata*, as well as the ground of "manifest lack of interest" set forth in Article 113, paragraph 5, of the Children and Adolescents Code. A qualitative approach is used, employing the doctrinal legal method complemented by a documentary analysis of the judgment and relevant legal provisions. The results confirm that the judicial decision is grounded in the absence of *res judicata*, the evidentiary substantiation of prolonged abandonment by the parent, and the application of the constitutional principle of the best interests of the child as a guiding criterion for the ruling. The study presents a critical analysis of judicial reasoning in matters concerning children and adolescents, highlighting the importance of guaranteeing effective judicial protection, respect for due process, and the adequate substantiation of judicial decisions.