EL EXAMEN DE ÁCIDO DESOXIRRIBONUCLEICO LO PAGUE EL ESTADO CUANDO EL RECLAMADO ES DE BAJOS RECURSOS O NO CONCURRE, Y HAY PRESUNCIÓN QUE NO ES RESPONSABLE DE LA PATERNIDAD

As a societal problem was the lack of resources for the survival of abandoned and extramarital children, neglect, was against the right to life so the state for many years other issued legislation, first as juvenile law and juvenile code and today Organic code of children and adolescents, aimed at a...

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Dettagli Bibliografici
Autore principale: Astudillo Ruiz, Byron Patricio (author)
Natura: bachelorThesis
Lingua:spa
Pubblicazione: 2016
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Accesso online:http://dspace.unl.edu.ec/jspui/handle/123456789/17379
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Riassunto:As a societal problem was the lack of resources for the survival of abandoned and extramarital children, neglect, was against the right to life so the state for many years other issued legislation, first as juvenile law and juvenile code and today Organic code of children and adolescents, aimed at achieving the survival of children and priority attention to children and adolescents. The principle of providing food did based on the evidence regulated in the Code of Civil Procedure, which prevailed testimonial and food were generally granted for children recognized today instead protection is total and even taking advantage of advances scientists to justice act with skill and identify the person responsible for this benefit, then appears the scientific testing of deoxyribonucleic acid (DNA) as an unthinkable element, so that the Judge of minors, to determine and establish alimony, truthfully and respecting the right to defense, so we found a problem of society which we call "examination of deoxyribonucleic acid it pay the state when the claimed is low income and non concurs, and there presumption is not responsible for parenthood ". This research appears as the result of seeking the truth, in that these tests can not be performed due to lack of financial resources and the obligation to not do it arranges finding a real problem, because the test is not performed the Judge will act on the basis the presumption that comes from the absence, under the Act, this being a legal issue that favors the family and specifically at children and adolescents, the legislature should regulate in the sense that the call to test is mandatory and that the costs are assumed by the Ecuadorian State, through the Ministry of Economic and social Inclusion (MIES), or provided through hospitals, sub health centers or compulsory 5 general insurance and being all public would be assumed by the State this provision which it is of paramount importance to impart justice. The research demonstrated that being so, the authorities also have the necessary elements to force the charge that meets scientific proof. Today even many defendants opt for non-attendance that although legislation giving resolve equivalence, however we believe any supply of food, it has to be based on this scientific evidence. In the development of research may provide that those who do not have financial resources to pay the execution of the scientific examination of deoxyribonucleic acid, rule of law and equity; the state's paid in FULL