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

Abstract

Abstract: This study analyzes the adequacy and correctness of the reasoning in a child support judgment issued by a first-level Judicial Unit for Family, Women, Children, and Adolescents in Ecuador, aiming to determine whether the decision meets the standards of legal and factual substantiation required by due process. To this end, the study employed an analytical method, argument mapping, and questionnaires assessing standards of sufficiency and correct reasoning. The analysis reveals that the judgment identifies relevant constitutional, treaty-based, and statutory provisions; verifies filiation through birth certificates; recognizes the priority right of minors to receive support; and sets a support payment based on the applicable minimum scale due to the lack of evidence regarding the obligor's actual income. Consequently, it is concluded that the ruling does not suffer from an absence, insufficiency, or mere appearance of reasoning, and that it protects the best interests of the child.