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

Abstract

Abstract: This research analyzes the constitutional guarantee regarding the reasoning of first-instance judgments in Ecuador, focusing on a fault-based divorce proceeding in the Mejía canton. The primary objective is to determine whether the judicial ruling meets the standards of reasonableness, logic, and clarity required by the Constitution and the Constitutional Court. The methodology employs a qualitative and doctrinal approach, utilizing the "EL SER" method to break down the argumentative structure (Statement, Dispute, Basis, Exposition, and Resolution). Additionally, verification questionnaires based on minimum sufficiency standards are applied to detect potential flaws in the reasoning. The results reveal that the analyzed judgment presents a coherent factual and legal basis, supported by the precise application of the Civil Code and the COGEP (General Organic Code of Judicial Processes) following the defendant's acquiescence to the claim. It is concluded that the ruling satisfies the reasoning test, ruling out defects such as merely apparent or insufficient reasoning. Thus, respect for effective judicial protection and due process within the Ecuadorian justice system is upheld.