El principio de celeridad procesal frente al debido proceso, en la falta de la citación judicial a tiempo al alimentante.
This research was conducted with the aim of analyzing the violation of the right to effective judicial protection of the maintenance payer and its relationship to the principle of procedural speed in the Ecuadorian context, with an emphasis on the lack of timely court summons in maintenance proceedi...
Kaydedildi:
| Yazar: | |
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2026
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| Konular: | |
| Online Erişim: | http://dspace.unach.edu.ec/handle/51000/16447 |
| Etiketler: |
Etiketle
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Etiketle | Özet: | This research was conducted with the aim of analyzing the violation of the right to effective judicial protection of the maintenance payer and its relationship to the principle of procedural speed in the Ecuadorian context, with an emphasis on the lack of timely court summons in maintenance proceedings, where the issue addressed focuses on how the omission or delay in summoning the maintenance payer generates legal, economic, and emotional effects, seriously compromising due process, where the maintenance payer is placed in a state of legal defenselessness, which can also generate consequences such as the undue accumulation of maintenance payments, excessive precautionary measures, or sanctions. Using a qualitative approach and employing both dogmatic and exploratory research methods, semistructured interviews were conducted with judges and citizens involved in legal proceedings, specifically in the Family, Women, Children, and Adolescents Unit of the canton of Riobamba. The results revealed regulatory gaps in the General Organic Code of Procedures (COGEP), a lack of personnel and resources in the Judicial Units, and a deficient application of electronic means for summons, where it is concluded that late or defective summons places the maintenance payer in a state of defenselessness and can lead to procedural nullities, accumulation of unreported alimony payments, coercive sanctions, and violation of constitutional rights. Therefore, a legal reform is proposed that includes: mandatory deadlines for summons, implementation of electronic notifications, coordination with the Civil Registry to validate addresses, and institutional control mechanisms over court notifiers, to guarantee a fair, agile process that respects fundamental rights. |
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