Vulneración de los derechos constitucionales del alimentante en la presentación de la demanda de alimentos

The Constitution of the Republic of Ecuador published in Official Gazette No. 449 of October 20, 2008 establishes in articles 44 and 45 the rights of children and adolescents. One of the rights enshrined in the Constitution of the Republic of Ecuador is integral development, understood as the right to physical and psychological integrity; and to comprehensive health and nutrition. Next, article 76 of the Magna Carta indicates the rights and obligations of those persons who are involved in a judicial process of any nature. Everything happens with absolute normality when all the rights referred to by the first two constitutional rules mentioned above are fulfilled by the parents. However, when one of the parents refuses to comply with them, the opportunity for the children of the parent, as set forth in article 75 of the Fundamental Law of the State, to access the courts free of charge, is brought to light. the judicial, impartial and expedited protection of their rights and interests. So, one of the ways to access justice is through a demand by means of which the person who considers that their rights have been undermined, gets the holder of the competent court to activate all human, technical and legal resources with that it provides for the constitutional imperative of protecting the rights of the person who has filed the claim to become a reality. But the legal problem does not end when the owner of the competent court has put into activity ll the powers conferred by the law once who sees that their rights have not been recognized after the presentation of the claim, but that, by the On the contrary, the legal problem has just begun because we are facing a judicial process that has been launched precisely with that same demand. We say, therefore, that the legal problem just takes shape for the reason that the defendant also has rights in the context of the judicial process that has been initiated against him, one of those rights being the one that determines the numeral 7 of the Article 76 of the Constitution of the Republic of Ecuador: The right to defense. As a result, it begins with the lawsuit, but that does not mean that with the mere presentation of the same, rights can already be exercised and the obligations contemplated by the Constitution and the law can be exercised both for the person who filed the lawsuit and for those who oppose it. from which it has been presented. The rights and obligations begin to be exercised when the claim has been summoned to the defendant. Then, it would be necessary to establish what would happen if, before the demand was sent to the defendant, an alimony is fixed that the latter must pay as soon as it is cited. Consequently, the right to a constitutionally guaranteed defense would be broken if before the defendant exercised his right to defense in the judicial proceedings against him, not through a judgment but through a writ of Qualification of the claim has already declared him responsible for paying alimony……….

• Egile nagusia: Alvarez Bajaña, Guisseppe Karin (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2019
• Gaiak: Pensión alimenticia; Vulneración; Demanda de alimento; Derecho
• Sarrera elektronikoa: http://repositorio.ulvr.edu.ec/handle/44000/2816