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

Abstract

Abstract: This research project focuses on the "reasoning in judgments issued by trial-level judges in Ecuador." To this end, it is important to examine the ruling issued by the Constitutional Court of Ecuador in Judgment No. 1158-17-AP/21. This ruling departed from the standard "reasoning test" in favor of an approach based on a structured foundation and a standard of sufficiency derived from normative and factual argumentation theory; this perspective reveals certain shortcomings or errors that can be assessed to prevent the violation of rights. Specifically, the study examines a ruling concerning children and adolescents within the context of proceedings to reduce child support payments. To ensure a proper analysis and valid research results, the analytical method was employed; this method allows for the breakdown of the judgment into elemental parts essential for understanding and evaluating the arguments presented. The judge is required to articulate the factual and legal grounds that determined the reasons for the decision adopted.